Monday, December 22, 2008

Student Loses Slip & Fall

The Law Tribune reports that a student who claimed she fell down a stairway at the A.I. Prince Technical High School failed to prove that the defendant State of Connecticut had actual or constructive notice of water on the stairs, according to the court (Langenbach, J.T.R., Judicial District of Hartford). The plaintiff, Macklin, maintained that a leaky overhead pipe caused water to fall on the steps, but a maintenance supervisor testified that the pipes were insulated, and he never observed condensation or water on the steps, and received no reports about leaking. He also testified that if water had fallen from the overhead pipe, it would have accumulated in a different location, not where the plaintiff slipped and fell. Also, a teacher who witnessed the slip and fall did not see any dripping water, although he did see some liquid on the step. However, he testified that sometimes students eat in the nearby cafeteria and spill liquid on the steps, raising the possibility that there was something else on the floor, of which the defendant lacked notice.

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