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WATER, WATER EVERYWHERE
Q: One afternoon, while going down the stairs in the building
where I live, I slipped and fell. From the traffic over the generations,
every stairway step has a depression in it, capable of holding water.
Because the steps are made of marble, any liquid is difficult to see.
Usually, the super would have Jane do the mopping, in the
morning. This day, Dick did an unscheduled mopping, in the afternoon.
He put out no signs indicating that the floor was wet, he must
have let the mop get dirty, and he did not dry up the water. It was
covering the entire second floor.
After falling, I noticed that my pants were wet, that there was
a mop bucket with dirty water within five feet of the stairway, and
that the exterior door was propped open with a mop handle. After I
got up, I saw the super using the mop to dry up the floors and steps.
A: The one thing you don’t tell me is that someone actually saw
water on the steps on which you fell. All the same, you have an abundance
of circumstantial evidence, from which the causal sequence
may be inferred. Your attorney will not hesitate to argue that excess
water on a floor is circumstantial evidence of excess water on the flight
of stairs beneath it.
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