FOR BREAKING NEWS VISIT WWW.QNS.COM JULY 20, 2017 • THE QUEENS COURIER 23
BEADS
Q: After swimming, I walked down the matted corridor toward the
locker room. At the end of the corridor, the matting ended. Before stepping off
the matting, I looked down but saw no water. When I stepped onto the tiles, I
slipped and fell. While on the floor, I saw beads of water on the tile. In the area
of my fall, there were no wet floor warning signs.
Near to that area, there was a drain in the floor, and towels were
often used to sop up excess water. I believe that the maintenance staff would
mop the locker room every 15 to 20 minutes.
A: Your attorney will argue that, because you were neither in the pool
area nor in the shower area, water was not ‘necessarily incidental’ to the
intended use of the area where you fell. What is more, the need for towels
suggests that there was a defective condition and that staff failed to mop up
water with sufficient frequency.
The pool’s attorney may well take aim at your use of the word
‘beads’, arguing that mere beads, on the floor of a locker room serving a
swimming pool – and containing showers, sinks, a steam room, and a sauna –
was necessarily incidental to the locker room’s intended use and cannot
possibly support a cause of action for negligence.
When had the area last been mopped? Is there a written schedule? A
written confirmation? Can a worker remember? If not, your case gets
stronger. Your objective is to show that your injury was caused by a hazardous
condition of which the defendant had actual or constructive notice.
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