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Motion Success for Jonathan E. Hansen in Premises Liability Action

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Plaintiff brought suit in Jefferson County Supreme Court against a local department store for personal injuries she allegedly sustained when she slipped and fell on water and ice on the floor of the entranceway to the store.  Attorney Jonathan Hansen represented the defendant store in the action.

The plaintiff’s lawsuit alleged that the store was negligent in causing and/or creating a dangerous condition and allowing the hazardous condition to exist on its floor. As such, plaintiff claimed that the defendant store was responsible for her personal injuries, which allegedly included the aggravation of bilateral knee osteoarthritis, low back pain, left wrist pain, abrasions to her forehead, and residual headaches.

Mr. Hansen moved the Court for summary judgment arguing that his client did not cause or create the alleged slippery condition nor did it have notice of its existence. He presented evidence demonstrating the store’s internal practices and procedures, including cleaning of the floor area in question overnight and re-inspection and cleaning of the floor on an ongoing basis throughout the day in question.

The Court ruled that when a store demonstrates it has a regular practice of routine inspections, the burden shifts to the plaintiff to show that the condition had existed for a sufficient amount of time that the store should have discovered and remedied it.  Here, there was no evidence as to the length of time the condition existed for. The Court noted that some wetness on a floor is unavoidable in areas of heavy foot traffic on a snowy winter day in the North East, and Mr. Hansen’s client had properly satisfied its duty to keep its premises in a reasonably safe condition by conducting routine inspections and cleanings as needed.  Mr. Hansen’s motion was granted and the plaintiff’s case against his client was dismissed.

Jonathan E. Hansen is a litigation attorney at Carter Conboy, concentrating his practice on the defense of premises liability, personal injury, professional liability, and environmental law.  Additionally, he is involved in the firm’s creditors’ right and family law departments.

Carter Conboy is a Martindale-Hubbell AV® Preeminent™ peer rated full-service law firm committed to providing the highest quality legal representation to its clients.  Founded in 1920, Carter Conboy has offices in Albany and Saratoga Springs, New York, serving clients throughout New York, Massachusetts, Connecticut, the District of Columbia, New Jersey, New Hampshire, and Florida. For additional information about the firm, visit www.carterconboy.com or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or ssmith@carterconboy.com.