Mount Airy Casino Resort in Pennsylvania is set to face a revived lawsuit stemming from a slip-and-fall incident involving a guest. The case highlights ongoing concerns about safety measures implemented during the COVID-19 pandemic and their implications for businesses.
Key Takeaways
- The lawsuit involves a slip-and-fall incident at Mount Airy Casino in July 2020.
- The initial case was dismissed due to insufficient evidence but has been revived by a Pennsylvania Superior Court.
- The court ruled that there is enough evidence for a jury to consider the case.
Incident Overview
In July 2020, Tatiana Oudolsky and her husband, Peter, were visiting Mount Airy Casino during a holiday. Their experience took a turn for the worse when Mrs. Oudolsky slipped and fell near a hand sanitizer station, injuring her elbow. The incident occurred around 1 AM on July 4, as she walked on a marble floor that had reportedly been used by other guests shortly before.
Legal Proceedings
Following the incident, the Oudolskys filed a lawsuit against the casino, alleging negligence. Initially, a trial court dismissed the case, citing a lack of sufficient evidence to prove that the casino was responsible for creating the hazardous conditions. The court found that there was no clear indication of how long the liquid on the floor had been there or whether it was indeed hand sanitizer.
However, the Oudolskys appealed the decision, leading to a ruling by Judge Deborah Kunselman of the Pennsylvania Superior Court. The judge determined that there was enough evidence for a jury to potentially side with the plaintiffs, stating that the casino's placement of the hand sanitizer station over a marble floor without adequate warnings constituted a dangerous condition.
Court's Findings
The Superior Court's ruling emphasized several key points:
- Dangerous Conditions: The court found that the casino may have created a hazardous environment by placing the hand sanitizer station in a high-traffic area without proper warnings.
- Insufficient Warnings: Although the casino informed guests about the hand sanitizer stations, it failed to specify the risks associated with slipping on wet floors.
- Right to a Jury Trial: The Oudolskys were granted the right to have their case heard by a jury, allowing them to present their evidence and arguments in court.
Implications for Businesses
This case serves as a reminder for businesses, especially those in the hospitality and entertainment sectors, to reassess their safety protocols and ensure that they adequately inform guests about potential hazards. The ongoing effects of the COVID-19 pandemic have led to new safety measures, but they also require careful consideration to prevent accidents and legal repercussions.
As the case moves forward, it will be interesting to see how the jury responds to the evidence presented and what implications this may have for Mount Airy Casino and similar establishments in the future.
Sources
- Mount Airy Casino to Face Revived Slip-and-Fall Lawsuit, GamblingNews.
