In Fernandez v. Festival Fun Parks, LLC, , the plaintiff slipped on a wet floor in the bathroom of a water park.  The defendant-amusement park owner moved for summary judgment, arguing that it did not have constructive notice of the dangerous condition.  The lower court denied the motion. 

The Second Department affirmed the lower court’s decision finding that the defendant had to make a prima facie showing that it neither created the condition nor had actual or constructive notice of it with sufficient time to respond.  In this regard, it was insufficient to simply point to gaps in plaintiff’s case.  Rather, the water park had to offer specific evidence as to when the bathroom was last cleaned or inspected prior to the accident. 

Thanks to Georgia Stagias Coats for her contribution. 

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