ESCALATOR ACCIDENT: LOS ANGELES WOMAN SLIPS AND FALLS AT OUTDOOR CENTURY CITY MALL DURING RAIN
An elderly woman slipped and fell while approaching an escalator at the Century City Mall in LA, California. Although the ground was wet from rain, the woman claimed to have taken extra care while walking through puddles of water. Suffering from a broken foot and a subsequent permanent disability from the fall, the woman sued the owner and the management company of the Westside mall for negligence in failing to maintain safe premises and allowing for dangerous conditions. Based on the testimony of the injured woman and evidence presented, a judge found enough contested facts to warrant a jury hearing at trial.
When the accident occurred, it had been raining since the day before. The woman, wearing a raincoat, boots and carrying an umbrella, claimed to have walked in the uncovered areas of the outdoor mall more cautiously and slowly than usual. As she approached the escalator, her left foot slid on a metal plate that led to the steps, and it became wedged into left side of the escalator. The woman was carried down several steps until the escalator finally stopped moving. The woman broke her foot from the accident and needed two surgeries to fix the damages. She claims to be permanently disabled as a result of the fall and requires the assistance of a cane to walk.
The woman sued the Century City mall for failure to maintain safe conditions. In response, the mall management claimed that safety cones were placed around slippery areas and non-slip rubber mats were placed on the metal plates where appellant fell. However, a question of whether the mats were large enough to cover the entire metal surface arose. Counsel for the victim claimed that without the rubber mats, the surface of the metal place was too slippery and thus, below the standard of care required.
The International Code Council, a membership association dedicated to building safety, developed the International Building Code (IBC) as a guideline for the construction of commercial buildings. Most states, including California, look to the IBC as a guide for state building regulations. One section of the IBC calls for walking surfaces to be slip-resistant, particularly smooth and slick floor surfaces. One way to test the slipperiness of a floor when wet is by measuring its resistance level using an English XL instrument.
The defendants in this case claimed to have tested the resistance of the metal plate using the above-referenced English XL instrument. The test was conducted when the plate was both wet and dry. In both cases, the defendant’s expert found that the plate’s resistance level was above the recommended level. However, the injured woman also presented expert testimony that concluded that the plate’s slip level was actually below the reasonable standard of care. The court found that this conflict of expert opinions was a question of fact that should be answered by a jury.
The appropriate level of care required to maintain safe premises is a complex issue, often requiring the assistance of experts – both scientific and legal. If you have suffered a slip and fall accident in California and feel that it may have been due to the owner’s negligence, we are here to help. Please call us at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 to discuss your rights.
