Video of Mat Placement Results in Continuation of Lobby Slip/Fall Case

InĀ Topchieva v. Lovett Co., LLC, the Appellate Division, First Department held:

As clearly depicted on the surveillance video included in the record, plaintiff was injured when she slipped and fell immediately upon entering the lobby of defendants’ building. One of the lobby’s double glass doors was closed and locked, while the door through which plaintiff entered was unlocked and periodically held open by the doorman for pedestrians who were entering and exiting the building, including plaintiff. The evidence shows that while a mat was placed at the threshold, it was primarily placed in front of the locked door. After examining the video, we conclude that Supreme Court correctly held that there was an issue of fact as to whether defendants were negligent in their placement of the mat.

 

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