By The Law Offices of John Day, P.C. on Sep 11, 2024 06:12 am
After slipping and falling in a retail store, plaintiff had evidence that the store was aware of the spill with enough time to address or warn about it. Summary judgment for the store was therefore reversed. In Alcantar v. Dolgencorp, LLC, No. M2023-01143-COA-R3-CV (Tenn. Ct. App. Sept. 6, 2023), plaintiff slipped on liquid while shopping at defendant Dollar General store. Immediately after the fall, an employee came to check on plaintiff and told plaintiff that there was a large milk spill in the next aisle. Plaintiff took photos showing liquid in the aisle where he fell, as well as liquid in the next aisle accompanied by a mop and bucket. The photo of the next aisle also showed an employee cleaning the spill along with a warning sign. Plaintiff filed a premises liability claim against the store. During depositions, the store manager stated that the standard procedure for a spill was to put up warning signs and to use gray towels to soak up any liquid. During plaintiff’s deposition, he admitted that he did not know how long the liquid had been in the floor. He testified that no gray towels were in use in the clean up on the next aisle. Instead, the employee was using a mop or squeegee and appeared to be spreading the liquid into the aisle where plaintiff fell. Continue reading
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