In Smith v. Costco Wholesale Corp. , Marlene Smith was injured when she slipped and fell in a Costco bathroom.
While landowners must keep their property in a "reasonably safe condition," Smith was required to show that Costco had "active or constructive notice" of the danger and an adequate opportunity to address the situation.
After the Bronx County Supreme Court denied Costco 's request to dismiss the case, the Appellate Division, First Department, sided with the company since Smith was unable to show the existence of these governing elements. (The company demonstrated that it cleaned and monitored the bathroom "regularly" and that no problems had been detected before or after the incident.)
Smith's reliance on "mere speculation," and her inability to identify what caused her fall, cost her a victory.
No bargains there.
For a copy of the Appellate Division's decision, please use this link: Smith v. Costco Wholesale Corp.