Slip and Fall Case Dismissed upon Review of Video Evidence
On August 12, 2015, Ms. Anita Venezia Rogers went to a Stop & Shop Supermarket Store located at 400 Union Blvd., West Islip, (Suffolk County), New York. While she was walking in the dairy section, she stepped and slipped on a puddle of spilled liquid and suffered from serious injuries. Ms. Rogers alleged that the supermarket was negligent in that the store premises were kept in a dangerous condition and they failed to keep the store free from hazards. Resultantly, she filed a lawsuit against the supermarket owner Stop & Shop Supermarket Store LLC at the Suffolk County Supreme Court. The Defendant on the other hand filed a motion for summary judgment and sought dismissal of Ms. Roger’s complaint.
The Lawsuit
During the lawsuit, Ms. Rogers testified that she noticed liquid on the floor right after her fall, but she could not identify what the liquid was and how long it had been there. She alleged the Defendant of being negligent and not cleaning the premises properly. Defendant on the other hand argued that they did not have any actual or constructive notice of the hazard in their premises. Defendant’s management in charge testified on behalf of the Defendant that he regularly did inspections and checked the premises for cleanliness and any possible hazards. He further testified that his role involved walking through the supermarket aisles at varying intervals to identify any potential "hazards" that required attention and immediately responding to them. The Defendant also provided a time stamped video as per which, the testifying employee had walked past and inspected the site of the accident approximately nine minutes prior to its occurrence. Ms. Rogers questioned the validity of the employee’s testimony and the video provided. The basis of her challenge was that the video was insufficient to prove that the inspection was done properly and if there was any liquid spillage at the accident site. She suggested that these challenges present an issue of the facts and therefore the Defendant’s motion for summary judgment should be denied and a trial be ordered.
Supreme Court held that in order to establish constructive notice, a hazard must be visible and apparent and must exist for a reasonable period of time to permit Defendant’s employees to discover and remedy it. However, in this case the video evidence presented by the Defendant clearly shows that its employee did regular inspections of the store, including the accident site. The Court affirmed that an inspection was conducted approximately nine minutes before Ms. Roger’s accident and no hazards were identified. The Court also confirmed that there were no prior complaints by any other customers regarding the spillage or any other hazardous conditions. Based on the aforesaid, on May 14, 2020 the Supreme Court granted Defendant’s motion for summary judgment on basis that it neither created the hazardous condition, nor it had any actual or constructive notice of such condition. Ms. Rogers appealed.
The Appeal
In Rogers v Stop & Shop Supermarket Co., LLC, the Appellate Court reviewed the testimony along with the video evidence presented at trial. Based on the same, the Court upheld Supreme Court’s findings. Appellate Court acknowledged that the Defendant is expected to maintain its premises in a reasonably safe condition, considering the likelihood and severity of potential injuries and the effort required to avoid risks. Further, it held that the Defendant must show they neither caused the hazard nor had actual or constructive notice of it for a sufficient time to address it. Court validated that evidence of the last cleaning or inspection provided by the Defendant was sufficient to prove lack of constructive notice. Defendant provided video evidence and testimony showing the area was inspected less than nine minutes before the fall which established no creation or notice of the hazard. Countering Ms. Rogers, the Court stated that she failed to raise a factual dispute, and only made speculative claims about the adequacy of the inspection. Based on the aforesaid, the Appellate Court upheld Supreme Court’s findings on April 24, 2024.
Sternberg Injury Law Firm
Sternberg Injury Law Firm, founded in 2016 is experienced in resolving personal injury cases, particularly those involving slip and fall accidents. We cater to clients throughout the New York State, including locations such as Briarwood, Point Lookout, and Melville and offer complimentary consultations to victims of such accidents. Our skilled attorneys will thoroughly assess your case to determine how best we can assist you. We aspire to secure the maximum compensation for you, so you can focus on your recovery. To get started, reach out to us today through our website, email, or phone.