Ohio retailer not liable for slip and fall.
We won summary judgment on behalf of a retail store in a slip and fall case in Ohio. The plaintiff alleged serious injuries as a result of slipping and falling on a spill of an oil substance in the parking lot, right outside the front entrance doors. The plaintiff argued that she was pushing a shopping cart and alleged that pushing a shopping cart creates an attendant circumstance that blocked her vision. We successfully argued that the act of pushing a cart does not qualify as an attendant circumstance, as the customer has the ability to see the parking lot ahead of a grocery cart and pushing a cart was a situation the plaintiff regularly encountered. Further, the oil spill was wide in nature and darker in color than the asphalt. It was observable had the plaintiff looked and, therefore, qualified as an open and obvious condition. Summary judgment was granted on behalf of our client.