Premises liability; Slip & fall in a bathroom; Constructive notice; Duty owed to an invitee; Kandil-Elsayed v F & E Oil, Inc; Breach; Lowrey v LMPS & LMPJ, Inc; Conjecture & speculation; Libralter Plastics, Inc v Chubb Group of Ins Cos

The court held that the trial court properly granted defendant-store summary disposition of plaintiff’s premises liability action. Plaintiff sued defendant for injuries he sustained when he slipped and fell in a bathroom at defendant’s store. The trial court granted summary disposition for defendant. On appeal, the court agreed with the trial court’s analysis. “Plaintiff presented no evidence that the sink or toilet had previously leaked, or that there was any indication that the bathroom floor was otherwise of a condition that it would predictably pose a danger.” There was also “no evidence in the record that defendant had knowledge of any specific issue with the bathroom, whether in this particular incident or at any other time.” In addition, plaintiff failed to show that “the water had been present for so long that defendant should have been aware of it.” According to his “deposition testimony, he had not been in the store for long. For all that the record establishes, the water may have been on the floor for only 30 seconds before plaintiff fell, and there would be no basis to find that defendant would have discovered it with even frequent, thorough inspections.” Further, plaintiff, “who did not depose anyone in this case, did not meet his burden of showing a question of fact about defendant having constructive notice of the hazard.” Affirmed.