Case Arising Out of Slip and Fall Caused by Toy in a Store Aisle Dismissed

In so ruling, the court primarily accepted the defense that the incident involved an open or obvious danger. More specifically, the court found that the presence of an easily visible fallen object in a well-lit aisle in the store is an obvious as a matter of law. 

The court also reaffirmed the basic rule of law that a person must watch where he or she is walking.

Judge Malachy E. Mannion M.D.Pa.

Judge Mannion also ruled that, in a slip and fall case, the fact that at type of incident allegedly occurred frequently cannot be generally utilized to establish actual notice of a particular condition allegedly involved in a particular accident.

The court additionally rejected, as a circumlocution, the argument that the Defendant did not adequately monitor and area of the store because, if it had, the accident would not have occurred.

The court otherwise rejected the argument of constructive notice by confirming that the Plaintiff did not offer any evidence as to how long the object at issue was on the floor.

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.