Summary Judgment Obtained in Premise Liability Case

On July 12, 2023, Kristi Rogers Brown obtained Summary Judgment in favor of a retail store client in a Premises Liability Case in the Circuit Court of Harrison County, Mississippi. The case involved a slip and fall incident inside a retail flooring store. After safely navigating the area several times, Plaintiff kicked a display rack causing a flooring sample, which was leaning against the display, to fall.  Plaintiff then stepped on the flooring sample, which slid on the floor and Plaintiff fell. 

Plaintiff argued that the store policy was to return flooring samples to the racks, and the store manager violated this policy by leaving the sample leaning against the display rather than placing it securely in the rack.  Plaintiff also argued that the store created the dangerous condition by leaving the flooring sample leaning against a rack.

The court found that the sample was not a dangerous condition until Plaintiff kicked the display and caused it to fall.  Thus, the Plaintiff created the condition and in the instant between the sample falling over and the Plaintiff stepping on it was not sufficient time for the store to have notice.