Tuesday, May 31, 2016

Summary Judgment Granted in Slip and Fall Case

In the case of Toro v. Fitness Int’l LLC, PICS Case No. 16-0549 (C.P. Bucks Co. March 17, 2016 Butchart, J.), the court granted summary judgment in favor of a Defendant fitness center regarding the Plaintiff’s personal injury claims arising out of a slip and fall in the locker room. 

The Plaintiff alleged that he slipped and fell on a build up of soapy water in the bathroom in the locker room.   The Plaintiff admitted that he did not know how the floor became wet or how long the condition existed.  

The Defendant asserted that its staff regularly inspected and maintained the locker room where the alleged incident occurred.  There were no reports prior to the alleged incident that the floor was wet.  

The court granted summary judgment finding that the Plaintiff failed to establish any actual or constructive notice on the part of the Defendant.   The court also noted there was no evidence that the Defendant caused the floor to be wet.  

Summary judgment was additionally granted on the basis of the gym membership agreement which was signed by the Plaintiff.   The court noted that the liability waiver clause was emphasized in the document.   The court also found that the membership agreement was not a contract adhesion.  As such, summary judgment was granted on this basis as well.  

Anyone wishing to review a copy of this decision may contact the Pennsylvania Instant Case Service of the Pennsylvania Law Weekly at 1-800-276-7427 and provide the above PICS Case No. and pay a small fee.  

 

Source:  “Digest of Recent Opinions,” Pennsylvania Law Weekly (May 10, 2016).  

 

 

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