Jones v. River Park Residences, L.P.

Summary

The Appellate Division, First Department, reversed an order granting defendants summary judgment in a premises-liability action involving a bathtub fall allegedly caused by a dripping faucet. The court held that plaintiff's inability to identify the precise cause of her fall did not require dismissal, and that issues remained regarding the faucet's condition and defendants' notice.

Holdings

1. Plaintiff's inability to identify the cause of her fall did not warrant dismissal because, given her testimony that she was unconscious after the fall, a jury could reasonably infer that she slipped in the bathtub because of the dripping faucet.
2. Plaintiff's affidavit stating that she noticed water in the tub after regaining consciousness did not create a feigned issue of fact.
3. Defendants failed to make a prima facie showing that they lacked notice of the leaking faucet, and plaintiff independently raised an issue of fact concerning notice.
4. The open-and-obvious argument was inapposite because plaintiff asserted a claim based on defendants' duty to maintain the premises in a reasonably safe condition, not a failure-to-warn claim.

Questions Presented

1. Whether plaintiff's inability to identify the precise cause of her fall warranted summary judgment dismissing her premises-liability complaint.
2. Whether plaintiff's affidavit stating that she observed water in the bathtub after regaining consciousness created a feigned issue of fact by allegedly contradicting her deposition testimony.
3. Whether defendants established prima facie that they lacked actual or constructive notice of the leaking faucet.
4. Whether the alleged condition was open and obvious and therefore defeated plaintiff's premises-liability claim.

Disposition

reversed