I Think I Broke My Back on the Casino Lobby Floor; it was so Slippery, Can I Sue?
Slip and Fall cases are tough cases to prove as one must prove notice of the harm BEFORE someone falls-this can be done by proving actual notice or constructive notice. I’m not sure the casino knew about the liquid before you fell on it–the same lack of notice you had. The other thing you would argue is that the floor is not conducive to foreseeable liquids and spills due to the inherent construction materials (e.g. marble floors, sealed concrete, high gloss tiles), but these cases usually are tough to prove as many buildings use these materials when constructing floors. The test becomes one of utility of the flooring vs. the hazards they present; when you look at how many people have walked on those floors without falling the balancing test tends to lean toward a useful surface.
I wish there was a term called, “absolute negligence” where someone was always at fault. Here the slippery substance was most likely caused by a 3rd party (another customer/patron). Unless, you can prove by way of a “sweep log” a lack of mopping in the area given its propensity for dangerous liquids, these cases are very hard. Grocery stores are usually required to keep these due to the heavy volume of foot traffic and all the slippery products (oils, waters, produce, etc.) Add to that, the expense of litigating the cases where expensive experts are hired and you begin to understand why attorneys don’t like taking on these types of personal injury cases.
