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Alleged dangerous ramp at restaurant - Fall down - Liability only.

Westchester County

The plaintiff restaurant patron in his 30’s contended that he slipped and fell on the ramp as he was returning to his table from the restroom. The plaintiff established that the owner had notice that periodically, the ramp would become moist from humidity. The plaintiff also contended that the ramp was too steep and violated the code.

The evidence disclosed that the defendant had painted the ramp a sand based latex paint and the plaintiff’s engineer contended that this type of paint wears rapidly and can result in a slippery condition. The defendant maintained that the restaurant was constructed in the ________’s and was in compliance with standards in effect at the time. The defendant further maintained that it repainted the ramp every two months and the defendant’s expert contended that with such repainting, this type of paint is appropriate. Finally, the defendant maintained that although it was aware of periodic moisture accumulation, it had no prior complaints.

The jury found for the defendant.

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