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Plaintiff injured person filed a revised complaint against defendant homeowner, her son, for negligence. She alleged that while visiting at her son's home she stepped onto a mat located in the bathroom and the mat slipped from under her, causing her to fall and sustain injuries. The homeowner moved to strike the complaint.
The injured person alleged the homeowner was negligent in that, among other things, he failed to install an adhesive mat, hand railings, or other means to avoid falls in the area. The court held that reading the allegations in the manner most favorable to the injured person, the home owner might owe a duty to entrants. The homeowner appeared to concede that the injured person was an invitee. There was no allegation as to the condition of the floor which could lead to the conclusion, either directly or by inference, that it was in a defective or dangerous condition at the time of the fall. The court found that the allegations only depicted an ordinary condition of everyday life. A bath mat was a commonly used household item and there was nothing in a reading of the revised complaint from which it could be inferred that it was used in any way other than in a customary and ordinary manner. A homeowner was not perpetually required to protect against any possibility that an invitee would hurt herself under plain, ordinary conditions. The injured person failed to state a cause of action and the motion to strike was granted.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Flint v. Shrake, 2006 Conn. Super. LEXIS 1669 (Conn. Super. Ct. May 15, 2006)