The Wet Mopping

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Q: On Friday afternoon, the lobby of our building was wet mopped.  In the course of this process, the maintenance workers were supposed first to remove the floor mats, and afterwards to mop the floor dry and put the mats back in place.

On the next Monday, a new tenant was moving its furniture into the building.  When one of the movers displaced a floor mat, he exposed some water.  While exiting the lobby, I slipped on this water – which I observed immediately after I fell.

A: As an initial point, it may be that the building owner will not be the only defendant in your case, as oftentimes the maintenance of a building is entrusted to a separate management company, and both should be sued.

A landowner has a duty to maintain his or her premises in a reasonably safe condition.  To impose liability on a defendant for a slip and fall on an alleged dangerous condition on a floor, there must be evidence that the dangerous condition existed, and that the defendant either created the condition or had actual or constructive notice of it and failed to remedy it within a reasonable time.

From what you tell me, it seems that the accumulation of water on which you slipped was created by the maintenance personnel.  However, your attorney will not take this theory, of what happened, for granted.  Rather, he or she will want to engage in discovery, involving documents and deposing witnesses – either to make sure that your theory stands up in court or to find a better theory.

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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