Victor M. Metsch, Esq.

Was Club Liable for Injury Caused by Puddle in Locker Room?

Jason Briggs brought a premises liability action seeking to recover for personal injuries he sustained when he was allegedly caused to slip and fall in the shower locker room at the workout at a Planet Fitness gym. Briggs contended he finished his workout and went into the locker room to shower as he normally did. He undressed and prepared to take a shower in the middle stall. He was barefoot. He testified he walked into the shower area and was attempting to go into the middle (third) shower. Briggs claimed he slipped and fell in the area just before he got into the shower stall. He testified that, after he fell, he took three photographs of a puddle that was about one foot by two feet and approximately three to four feet from the shower shall. He believed the accident occurred just before 9:00 p.m.

Briggs testified that he did not see the puddle before he fell and, when asked if he stepped in the puddle, he responded “1 would assume so.” When further questioned if he did not know that he stepped into the puddle, he responded “I don’t know because I didn’t see the puddle, my eyes were looking where 1 was going.” Briggs testified that the surrounding ground near the puddle was mostly wet all over. After his fall, Briggs got dressed and went to the front counter to advise staff of his injury.

Court Decides If Patron’s Complaint Should  Be Dismissed If He Initiated the Squabble

Cecil Gibbs alleged in his complaint that Azizullah Nasiry injured Gibbs through recklessness, carelessness, and negligence.

On October 18, 2017, Nasiry was employed by 1429 Food Corp. d/b/a Kennedy Fried Chicken. 1429 Food Corp. is a small storefront eat-in and takeout chicken restaurant located at 1429 Nostrand Avenue in Brooklyn, New York. Nasiry was employed in the capacity of store manager.

Did Homeowner Have Actual/Constructive Notice of Defect?

Joan Maria Vaz brought a personal injury action arising from an accident at the home of Giusseppina Zimmitti.

Zimmitti moved for summary judgment dismissing Vaz’ complaint.

The accident took place when the dining room chair that Vaz was seated in broke and collapsed under her, resulting in injuries. She commenced an action and asserted in her complaint that Zimmitti was negligent as she failed to use the degree of care which a prudent person would in like circumstances, despite having had actual and/or constructive notice of the dangerous and defective condition of the chair.