You are here: / / WATER ON THE BATHROOM FLOOR NEAR THE SHOWER WAS NECESSARILY INCIDENTAL...

WATER ON THE BATHROOM FLOOR NEAR THE SHOWER WAS NECESSARILY INCIDENTAL TO THE USE OF THE SHOWER AND WAS NOT AN ACTIONABLE CONDITION IN THIS SLIP AND FALL CASE (FOURTH DEPT).

The Fourth Department determined the complaint in this slip and fall case was properly dismissed. Plaintiff’s daughter slipped and fell on water on the bathroom floor on defendants’ property. The court held that water on the floor near the shower was not actionable:

​

Defendants’ submissions established that the daughter slipped on the bathroom floor when she stepped out of the shower to retrieve a brush while the water was running. The daughter stated during her deposition that, although the shower curtain had been closed and no water was falling outside the bathtub prior to the accident, as a result of her opening the curtain while the water was running, there was some water on the floor around the bathtub when she stepped out of the bathtub. Contrary to plaintiff’s contention, ” a wet floor—especially in a bathroom where one can expect some water to make its way out of the shower to the floor—is not enough, standing alone, to establish negligence’ ” …  Here, defendants established that the amount of water present on the floor “was a condition that was necessarily incidental’ to the use of the shower[] . . . and thus that it did not by itself constitute a dangerous condition”… . Defendants further established that the accident was not attributable to a defect in the floor or the bath towel that they provided to the daughter, which she placed on the floor beside the bathtub… . Furthermore, even assuming, arguendo, that a dangerous condition existed, we conclude that defendants met their burden by establishing that they neither created the dangerous condition nor had actual or constructive notice thereof … . Keller v Keller, 2017 NY Slip Op 06773, Fourth Dept 9-29-17

NEGLIGENCE (WATER ON THE BATHROOM FLOOR NEAR THE SHOWER WAS NECESSARILY INCIDENTAL TO THE USE OF THE SHOWER AND WAS NOT AN ACTIONABLE CONDITION IN THIS SLIP AND FALL CASE (FOURTH DEPT))/SLIP AND FALL (WATER ON THE BATHROOM FLOOR NEAR THE SHOWER WAS NECESSARILY INCIDENTAL TO THE USE OF THE SHOWER AND WAS NOT AN ACTIONABLE CONDITION IN THIS SLIP AND FALL CASE (FOURTH DEPT))/BATHROOMS (SLIP AND FALL, WATER ON THE BATHROOM FLOOR NEAR THE SHOWER WAS NECESSARILY INCIDENTAL TO THE USE OF THE SHOWER AND WAS NOT AN ACTIONABLE CONDITION IN THIS SLIP AND FALL CASE (FOURTH DEPT))/NECESSARY AND INCIDENTAL (SLIP AND FALL, WATER ON THE BATHROOM FLOOR NEAR THE SHOWER WAS NECESSARILY INCIDENTAL TO THE USE OF THE SHOWER AND WAS NOT AN ACTIONABLE CONDITION IN THIS SLIP AND FALL CASE (FOURTH DEPT)

You might also like
Failure to Pay Pension Benefits to Wife Pursuant to Divorce Was an Action which Accrued Anew Each Time a Payment Was Missed for Statute of Limitations Purposes—Plaintiff Could Sue Only for Missed Payments Going Back Six Years from When Payments Began
PERIOD OF POSTRELEASE SUPERVISION CAN NOT BE IMPOSED ON AN INDETERMINATE SENTENCE, ILLEGAL SENTENCE CONSIDERED ON APPEAL EVEN THOUGH THE ISSUE WAS NOT RAISED BY EITHER PARTY (FOURTH DEPT).
THE APPEAL WAIVERS WERE NOT EXECUTED UNTIL SENTENCING AND WERE THEREFORE INVALID; ARGUMENTS ABOUT A LATE FILED OMNIBUS MOTION AND DEFENSE COUNSEL’S FAILURE TO FILE OMNIBUS MOTIONS DID NOT SURVIVE THE GUILTY PLEAS (FOURTH DEPT).
SENTENCE DEEMED UNDULY HARSH (FOURTH DEPT).
Defense Counsel’s Failure to Move for Suppression Constituted Ineffective Assistance
THE MEDICAL RECORDS SUBMITTED FOR THE FIRST TIME IN REPLY CAN BE CONSIDERED BECAUSE RESPONDENTS ADDRESSED THE RELEVANT ISSUES AT ORAL ARGUMENT; THE MEDICAL RECORDS DEMONSTRATED RESPONDENTS HAD TIMELY NOTICE OF THE NATURE OF THE CLAIM; ALTHOUGH THE EXCUSE FOR DELAY WAS NOT ADEQUATE, THE DEFECT DID NOT REQUIRE DENIAL OF THE APPLICATION FOR LEAVE TO FILE A LATE NOTICE OF CLAIM; THE APPLICATION SHOULD NOT HAVE BEEN DENIED (FOURTH DEPT).
THE MAJORITY CONCLUDED THE TRIAL JUDGE PROPERLY HANDLED ALLEGATIONS OF RACIAL BIAS WHICH INVOLVED HALF THE JURORS IN THIS MURDER CASE; TWO JUSTICES DISSENTED (FOURTH DEPT).
THE PLAINTIFF MADE A LEFT TURN IN FRONT OF DEFENDANT WHEN DEFENDANT HAD THE RIGHT OF WAY; DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IN THIS TRAFFIC ACCIDENT CASE SHOULD HAVE BEEN GRANTED; PLAINTIFF’S AFFIDAVIT ALLEGING DEFENDANT ATTEMPTED TO GO AROUND ANOTHER VEHICLE WAS BASED ON SPECULATION WHICH IS NOT SUFFICIENT TO DEFEAT SUMMARY JUDGMENT (FOURTH DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

STIPULATION WHICH WAS NOT MERGED INTO THE JUDGMENT OF DIVORCE SHOULD NOT HAVE... DOCTRINE OF TAX ESTOPPEL PREVENTED DEFENDANTS FROM ASSERTING FACTS ABOUT THE...