July 17, 2007

They should have called housekeeping.

Plaintiff allegedly slipped and fell on a green substance on the floor of defendant's store. Although there were no witnesses to the accident, an assistant store manager observed the green substance on the floor shortly after plaintiff's fall and, in her accident report, noted that it had come from a small bottle of fragrance oil which had fallen from a plastic display attached to a shelf.

In Chetuti v. Wal-Mart Stores, Inc., which was decided on July 10, 2007, the Second Department found this sufficient to raise a triable issue of fact as to whether defendant had created the alleged dangerous condition or, in the alternative, whether defendant had actual or constructive notice of its existence.