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Church is not responsible for woman’s trip and fall accident

A woman sued a church because of a slip and fall accident at the church and the church, the Tenth Church of Christ Scientist, tried to have the complaint dismissed by seeking summary judgment according to a June 23, 2014 New York Law Journal article. The woman claims that her husband was told to remove trash and that she was with him when the accident occurred. She tripped over a rolled up mat that was among the trash and accused the church of negligence. She said that what she tripped over was a “dangerous condition” that the church created.

The church asserted that this dangerous condition was “open and obvious,” and, therefore, they should not be held responsible. The judge did not agree with this argument and would not grant summary judgment for that reason. Instead, because the church did enough to prove that they did not create this dangerous condition nor did they receive notice about it, they won on summary judgment. Another reason the judge ruled this way was because the woman did not provide evidence to prove “the mat turned up before her fall, or [the] church placed it or had knowledge it was in such condition before her fall.” As the church was granted summary judgment, the matter will not go to trial.

If you have been injured in an accident, then you should seek legal advice. You may be entitled to a large settlement if you have medical bills, lost wages, and pain and suffering. Jayson Lutzky has been practicing law in New York State for over 31 years. He offers free in person consultations at his Bronx office. Call 718-329-9500 to set up an appointment. In the case of a serious injury, a hospital or home consultation is available. Visit www.MyNewYorkCityLawyer.com to learn more about Mr. Lutzky and accident law.

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