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Slip and Fall in a Bathroom Stall Recent Appellate Court Ruling and the Necessity of ‘Superior Knowledge’
ANNULMENT
APPEAL DEPOSITION APPEAL
CLAIM
ANNULMENT
CLAIM
COURT EVIDENCE COURT
DIVORCE LAWYER
DEPOSITION
DIVORCE LAWYER
LAW
EVIDENCE
LAW
RULING
SIMON
RULING
SIMON
WINNING Apple Crisp
A woman goes out on the town for dinner and decides to eat at a local restaurant. She eats her meal and then heads to the restroom. She spends 10 minutes in the stall, and when she’s finished, stands up and takes two steps before her ankle twists violently. She falls to the ground with a thud, injuring her back in the process. She believes that she slipped on water. Is the restaurant owner liable for her injury? This exact situation unfolded recently in a Georgia appellate case. The plaintiff sued the defendant for damages after her nasty slip and fall. She testified at a deposition that she’d slipped on water. However, she’d also testified previously that there wasn’t water on the floor when she initially went into the bathroom stall. The appellate court explained that simply falling wasn’t enough to hold the property owner liable. Instead, to show liability in a premises liability claim, the woman would need to demonstrate what’s called “superior knowledge” by the property owner. She would need to prove that owner either knew about the spill in the bathroom and didn’t do anything about it, or that the spill wouldn’t have been there if he or his staff had used reasonable care to inspect the property. In this case, the plaintiff herself testified that there hadn’t been water when she originally entered the bathroom, and she was there for only 10 minutes before falling. The appellate court explained that it didn’t matter when the employees of the restaurant had conducted an inspection since 10 minutes was insufficient time for the defendant to have found the water.
INGREDIENTS •
1 cup all-purpose flour
• • • • • • • •
¾ cup rolled oats
1 cup packed brown sugar 1 teaspoon ground cinnamon
½ cup butter, softened
4 cups chopped, peeled apples
1 cup sugar
2 tablespoons cornstarch
1 cup water
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1 teaspoon vanilla extract Vanilla ice cream, optional
DIRECTIONS 1. Heat the oven to 350 F. In a large bowl, combine the first four ingredients. Cut in butter until crumbly. Press half of mixture into a greased 2½ quart baking dish or a 9-inch square baking pan. Cover with apples. 2. In a small saucepan, combine the sugar, cornstarch, water, and vanilla. Bring to a boil; cook and stir 2 minutes or until thick and clear. Pour over apples. Sprinkle with remaining crumb mixture. 3. Bake 60–65 minutes or until apples are tender. Serve warm, with ice cream if desired. (Recipe courtesy of tasteofhome.com.)
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