FAILED TO SHOW THAT FACILITY HAD “ACTUAL OR CONSTRUCTIVE NOTICE” OF CONDITION
After she slipped and fell on some water which was in the vicinity of a state facility’s nurses’ station, NF filed a personal injury claim with the New York State Court of Claims. And when her lawsuit was later dismissed, an appeal ensued.
On its review, the Appellate Division, First Department, noted the “credible evidence” supported the conclusion that the facility lacked “actual or constructive notice of the small amount of water” which purportedly caused her fall. Apparently, the area was neither dirty nor discolored, nor was there any indication that anyone even observed the condition’s existence prior to the incident.
While NF pointed to a policy where patients were encouraged to walk around the facility with water containers (for hydration purposes) and that there were recurring water-hazard conditions as a result, the AD1 thought that explanation was “speculative,” particularly in the absence of any evidence that the spills occurred “in any particular location,” or that the water container practice she mentioned even triggered the condition.
Given that backdrop the AD1 affirmed the dismissal.
Think they should have nursed that differently?
# # #
DECISION