Municipality Could Be Liable for Slip & Fall On Snow
TORT CLAIMS ACT. ANTHONY v. TRI-COUNTY SECURITY. Appellate Division, A-361-06T3, October 9, 2007, not approved for publication
Summary judgment for the defendant Camden County and the defendant County Board of Chosen Freeholders reversed and remanded in a personal injury action; the plaintiff was injured when she slipped and fell on the steps inside City Hall in the City of Camden on "a very snowy day"; the Appellate Division agreed with the plaintiff's argument that summary judgment should not have been granted because there was sufficient evidence to raise a genuine issue of material fact as to whether the defendants had actual or constructive notice of the dangerous condition on the steps where the plaintiff slipped and fell; a fact-finder reasonably could infer (1) that the steps had been wet for a sufficient period of time to place the defendants on notice of the condition and of its dangerous nature and (2) that the defendants' failure to take action to protect against that condition was palpably unreasonable; there was an adequate factual foundation for a jury to find that any puddles of water on the steps could have been dealt with readily through the use of warning signs, runners, or a mop.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com, October 10, 2007
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