Jason Azzarone obtained a Final Summary Judgment in a Slip and Fall Premises Liability Case
Jason Azzarone was successful in securing a Final Summary Judgment in Marion County in a slip and fall case where the firm represented a homeowners’ association. The Plaintiff alleged that the Defendant failed to maintain the outdoor common area where the alleged fall occurred. The plaintiff conceded that the incident occurred when she slipped and fell on a wet tile patio after it had become wet from a rainstorm. The plaintiff testified that because this incident occurred outside, she wouldn’t have expected anyone to dry the area during the rainstorm because the area could still get wet. Finally, the plaintiff was unaware of anyone making prior complaints about the tiles becoming slippery when wet or falling under similar conditions. The Trial Court granted the Motion for Summary Judgment, finding that rainwater is not a dangerous condition which gives rise to any duty owed to the plaintiff. In doing so, the Trial Court held that the presence of rainwater is a risk recognized by reasonable persons. The Trial Court also found that the plaintiff failed to establish that the Defendant had notice of any dangerous condition. Finally, the Trial Court found that the Defendant owed no duty to the plaintiff to maintain the area while it was raining.