Slips and falls.

Practice point: A plaintiff's inability to identify the cause of the fall is fatal to the action because a finding that the defendant's negligence, if any, proximately caused the plaintiff's injuries would be based on speculation.

Student note: Where it is just as likely that some other factor, such as a misstep or a loss of balance, could have caused a slip and fall accident, any determination by the trier of fact as to causation would be based upon sheer conjecture.

Case: Dennis v. Lakhani, NY Slip Op 00061 (2d Dept. 2013).

Here is the decision.

Tomorrow’s issue: Spoilation.