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.
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