Wednesday, August 31, 2016

A fall from an elevated display platform.

Practice point:  The Appellate Division reversed the motion court and dismissed the complaint in this action where plaintiff alleges that she was injured when she fell off an elevated display platform in defendants' store. Defendants submitted evidence demonstrating that the platform and steps leading to the platform were not dangerous conditions, as photographs showed that the steps of the platform were clearly demarcated with thick black lines which contrasted with the light color of the floorboards. The evidence also established that the steps were lighted and free of debris.

In addition, plaintiff testified that she turned and stepped without looking down because she was looking for a sales associate, and that the steps played no part in her fall.

Student note:  Defendants met their initial burden of showing that they neither created a dangerous condition at the platform and steps, nor had actual or constructive notice of such a condition.

Case:  Pinkham v. West Elm, NY Slip Op 05899 (1st Dep't August 25, 2016)

Here is the decision.

Tomorrow's issue:  Setting aside a foreclosure sale.