Mats on Marble
Q: After several hours of rain, I opened a front door and walked across a mat through a small vestibule. Then I opened another door and walked across a mat to a marble lobby. Its floor appeared to be wet. Near a yellow caution sign, a man was mopping. Walking past, I slipped and fell.
They say he was mopping a spill of coffee: that the coffee had spilled moments before my accident. Almost immediately, an employee had put down the yellow sign and begun mopping.
Usually, when it was raining, there were three mats on this lobby floor. Two would be immediately past the interior door. The third would be at the end of the first two. Maybe the third mat would have protected the area where I fell.
A: The owners will argue that, if the source of the moisture was tracked-in rain water, they took reasonable measures to remedy it. Similarly, if the source was spilled coffee, they acted reasonably.
An owner’s failure to adhere to its own internal guideline or policy may be some evidence of negligence. But where the internal guideline or policy requires a standard that transcends the standard required by the duty of reasonable care, an owner’s breach of the guideline or policy cannot be considered evidence of negligence.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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