Floored! by Russell J. Kendzior

Author:Russell J. Kendzior
Language: eng
Format: epub
Tags: undefined
Publisher: Rowman & Littlefield Publishers
Published: 2012-04-05T04:00:00+00:00

Opinions

It was my opinion that the painted walkway in question was not in compliance with the applicable industry standards, and because of such, represented an unreasonably dangerous condition. The walkway in question was improperly coated and maintained as to provide an unreasonably dangerous condition. Specific walkway defects include (1) the top layer of paint did not contain an aggregate material as to render the surface slip resistant when wet; (2) the paint was improperly applied as to not adhere to previous layers of paint; and (3) underlying layers of paint should have been removed by mechanical shot blasting or other appropriate means as to provide both adhesion and surface texture to enhance the surface’s slip resistance. Given the parking garage’s openness to the climate, it would be foreseeable that the parking lot pavement would become wet, soiled, and contaminated from automotive fluids such as oil, transmission fluid, brake fluid, and so on. Therefore, the defendant had an obligation to provide a safe walking surface under such conditions to their invited guests.

Furthermore, the paint manufacturing industry understands that their products, when used to line a parking lot, may contribute to a slip and fall and therefore recommends the use of an aggregate additive to elevate the slip resistance of their product to be safe under wet or contaminated conditions.

It is my further opinion that the defendants failed in their responsibility to provide a safe walking surface for their invited guests, specifically, Mary, and that each of the defendant’s failures served as the direct cause of Mary’s slip-and-fall event and subsequent injuries. Had the defendant properly applied the paint to include an appropriate slip-resistant aggregate, Mary would not have slipped and fallen and subsequently injured herself. Furthermore, the defendant had a responsibility to properly maintain (clean) and inspect their premises to ensure the safety of their invited guests, and it appears they did not.

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