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In the Absence of a Defect, Inherently Smooth Floors Do Not Give Rise to Liability

In a slip and fall case, the First Department noted that inherently smooth floors do not give rise to liability in the absence of a defect.  The plaintiff slipped and fell on a cotton bath mat on a smooth bathroom floor:

In cases involving inherently smooth, and thus potentially slippery tiled or stone floors, absent competent evidence of a defect in the surface or some deviation from an applicable industry standard, no liability is imposed … . The same standard applies to allegedly defective bath mats … .

The motion court properly found that defendants made a prima facie showing that the accident was not attributable to a defect in the floor or the bath mat, and that they were therefore entitled to summary judgment. Kalish v HEI Hospitality LLC, 2014 NY Slip Op 00729, 1st Dept 2-6-14

 

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