Week of May 21-27

Two days ago, in Hickson v. Walgreen Co., ___AD3d___, 2017 NY Slip Op 04103, *1 (2d Dept. 2017)  the Appellate Division, Second Department reaffirmed that a defendant in a slip and fall case “is not required to cover all of its floors with mats, or to continuously mop up all moisture resulting from tracked-in rain.” This rule applies to tracked-in snow, ice, and water. Ibid.

However, a defendant still needs to offer some evidence of when the area where plaintiff fell was last inspected – e.g., set times of when the area was usually or customarily inspected, the last time the area was inspected, and/or what the floor looked like within a “reasonable time” before the accident. In Hickson, the defendant failed to meet its prima facie burden because there was no evidence offered on any these factors.

Be sure to thoroughly investigate everyone who might have personal knowledge of a defendant’s customs and procedures regarding cleaning, sweeping, mopping, and so forth with respect to the floors of a defendant’s premises, and whether anyone has any knowledge of how recently the floor was inspected and/or cleaned before plaintiff’s fall. You will be unable to obtain summary judgment, or have a hard time obtaining a defense verdict on liability, without such evidence.

The decision can be found on Lexis and by clicking on the following link: http://www.courts.state.ny.us/reporter/3dseries/2017/2017_04103.htm