16 THE QUEENS COURIER • JULY 13, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM
THE CLUB
Q: Twice per week, I would go to the Club. This time, I arrived at 5:30
p.m. It was the beginning of cocktail hour, but I am not a drinker and had only
a sip of wine. About 8:00 p.m., I went to the restroom. The floor is made of old
marble. With my cane on the floor, I took my first step, and fell.
Then I noticed that the floor was over-waxed. In fact, my shoe had
made a demarcation line on the floor. However, I did not check my shoe for
wax. I have no idea how long the wax had been there.
The manager says that the Club never applied wax to the floor of the
ladies’ room, and cleaned the floor with the use of a mop and water only, that
no additional cleaning agents were used to clean the floor, and that the last time
the floor was mopped that day was in the morning. He adds that the Club had
never received any complaints regarding a wet, slippery or slick condition.
A: The Club will contend that it had no notice of any wet, slippery or
slick condition in the bathroom, and the fact that a floor is slippery by reason
of its smoothness or polish, in the absence of proof of a negligent application of
wax or polish, does not give rise to an inference of negligence. In opposition,
you will argue that Club caused the defect by improper waxing. In rebuttal, the
Club will say that you are engaged in mere speculation.
Notwithstanding the Club’s assertion that it never used wax, your
attorney will hope to convince the jury that you know what you are saying.
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