Watch Where You’re Walking in NY

In [i]Vazquez v. Genovese Drugs, Inc[/i]., the plaintiff sustained injuries after tripping and falling over a raised portion of a rug at the entrance to the defendants’ drugstore. However, at her deposition, the plaintiff testified that everything looked “normal” and that she did not notice anything until [i]after[/i] she fell. The defendants moved for and were granted summary judgment. On appeal, the Appellate Division, First Department affirmed holding that the plaintiff failed to offer any evidence as to actual or constructive notice and that all observations as to the rug were made after she fell. Furthermore, without evidence of a defect, the drug store did not have to demonstrate when it last inspected the rug.

Thanks to Alex Niederman for his contribution to this post.

http://www.courts.state.ny.us/REPORTER/3dseries/2011/2011_06982.htm