Q: Twice per week, I would go to the Club. This time, I arrived at 5:30 p.m. It was the beginning of cocktail hour, but I am not a drinker and had only a sip of wine. About 8:00 p.m., I went to the restroom. The floor is made of old marble. With my cane on the floor, I took my first step, and fell.
Then I noticed that the floor was over-waxed. In fact, my shoe had made a demarcation line on the floor. However, I did not check my shoe for wax. I have no idea how long the wax had been there.
The manager says that the Club never applied wax to the floor of the ladies’ room, and cleaned the floor with the use of a mop and water only, that no additional cleaning agents were used to clean the floor, and that the last time the floor was mopped that day was in the morning. He adds that the Club had never received any complaints regarding a wet, slippery or slick condition.
A: The Club will contend that it had no notice of any wet, slippery or slick condition in the bathroom, and the fact that a floor is slippery by reason of its smoothness or polish, in the absence of proof of a negligent application of wax or polish, does not give rise to an inference of negligence. In opposition, you will argue that Club caused the defect by improper waxing. In rebuttal, the Club will say that you are engaged in mere speculation.
Notwithstanding the Club’s assertion that it never used wax, your attorney will hope to convince the jury that you know what you are saying.
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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