FLB Law Partner Robert Rhodes Wins Trial in Slip and Fall Case on Behalf of Hospitality Client

FLB Law Partner Robert Rhodes prevailed in a premises liability case involving a plaintiff allegedly injured from slipping and falling near the dinner buffet in a Connecticut restaurant. The plaintiff, a 57-year-old woman, claimed that she fell due to an accumulation of liquid on the floor. However, the court found in favor of the defendant, FLB Law’s client, stating that “the Court has no way of knowing when the substance appeared or how long it took to dispatch someone thereafter.”

The plaintiff visited the buffet once that day without incident but slipped and fell when she returned for more food. Although an employee was dispatched to clean up a spill around 2:50 p.m., the plaintiff alleged that she fell around 3:05 p.m.   When the employee arrived to clean up the spill, he found a chair over a slippery substance after the plaintiff had fallen. The Court found that the defendant acted reasonably and “immediately took action to investigate and correct the condition.”

Due to the sequence of events and the lack of witnesses, as well as no way to determine how long the substance had been on the floor, the court concluded that the defendant-restaurant was not negligent in identifying and cleaning up the floor.  The decision states, “The Court finds that Defendant’s conduct in response to the notice was reasonable and appropriate and did nothing to expose Plaintiff to an unreasonable risk of harm.”