Court Grants Summary Judgment, Finding Trivial Tile Height and Lack of Causation in Slip-and-Fall Case

In support of their motion for summary judgment, the defendant argued that the photographic evidence offered by the plaintiff, to show the height variation between floor tile heights in the area where she fell, was too trivial of a height difference to be deemed a dangerous condition. The defendant also argued that there was no evidence that it had actual or constructive notice of the alleged dangerous condition in the area where the plaintiff fell. Lastly, the defendant argued that there was no evidence linking a raised floor tile to the plaintiff’s fall.

Upon reviewing the record, the Erie County Court of Common Pleas agreed that the difference in tile heights was too trivial to be considered a dangerous condition. Furthermore, it found that because the plaintiff could not recall exactly where she fell and because of the trivial height of the floor tiles, the plaintiff could not establish the required causal link between the alleged dangerous condition and her fall. The court noted that it was just as likely she tripped over her own shoe rather than on a raised floor tile.