Plaintiff's Failure to Present Sufficient Evidence of Notice in a Slip and Fall Case Leads to Entry of Summary Judgment

In the case of Livshitz v. Designer Brands, Inc., No. 22-CV-3355 (E.D. Pa. Nov. 14, 2023 Murphy, J.), the court granted summary judgment in a slip and fall case after finding that the Plaintiff failed to present any evidence to suggest that the landowner had actual or constructive notice of an allegedly dangerous condition.

The court noted that allegations of a lack of inspections by the landowner do not amount to affirmative evidence on the issue of notice.

The court noted that, while a Defendant may have failed to follow company procedures may be evidence of a breach of a duty, there must first be a duty of care owed and, according to this court, a duty of care requires actual or constructive notice of an allegedly dangerous condition.  Given that no evidence of notice was presented, summary judgment was granted.

This decision is also notable in that court rejected the Plaintiff’s allegations of video tape spoliation as being irrelevant because there was no evidence that there were any surveillance cameras inside the restroom stall where the Plaintiff allegedly fell.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.


I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

Source of Image:  Photo by Galen Crout on www.unsplash.com.

NEED HELP BRINGING YOUR SLIP AND FALL CASE TO A CLOSE?

CONSIDER CUMMINS MEDIATION SERVICES

(570) 319-5899

dancummins@CumminsLaw.net