In Baptiste v. 1626 Meat Corp. , Alisha Baptiste filed a negligence case against Meat Corp. after a puddle of water allegedly caused her to slip and fall in one of the store's aisles.
Typically, in these kinds of cases, a defendant can avoid liability by proving that it lacked notice of the hazardous condition, and therefore had no duty to correct the situation or warn of its existence.
When the New York County Supreme Court granted Meat Corp.'s motion for summary judgment dismissing the complaint, Baptiste appealed to the Appellate Division, First Department.
The AD1 concluded that Meat Corp. had failed to establish that it "lacked constructive notice of the alleged water hazard." The testimony as to the store's usual maintenance procedures was viewed as insufficient, since it did not address "the last time the aisle had been checked prior to the accident or about the actions of [the Meat Corp.'s] staff on the date of the accident."
As a result, the AD1 reinstated the case and thus handed Baptiste a victory on a silver platter.
Bon Dieu de bois de saperlotte!
To download a copy of the Appellate Division's decision, please use this link: Baptiste v. 1626 Meat Corp.