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Case Law Update: Plaintiff Failed to Establish Time Frame in Slip and Fall Case

Reid v. Kohl’s Department Store, Inc., No. 07-3916 (9/16/08) affirmed that a district court did not err in granting defendant’s motion for summary judgment in action seeking recovery for personal injuries arising out of plaintiff’s slip and fall on ice-cream that had spilled on defendant’s store floor. Plaintiff failed to establish any reliable time frame that ice cream had been on floor prior to slip and fall so as to satisfy plaintiff’s burden in establishing defendant’s constructive notice of ice cream’s presence on floor. Moreover, defendant’s evidence indicating that ice cream was on floor at most ten minutes prior to slip and fall was not enough time to give defendant constructive notice of ice cream spill under circumstances when very few customers were in store. This seventh circuit decision will impact personal injury lawsuits in slip and fall cases.