Two plaintiffs filed suit, alleging that one of them fell at the Northshore Mall as a result of slipping on water. The plaintiffs alleged that this water was on the mall floor, due to the negligence of the defendant, which was responsible for watering the plants located in the mall. A Superior Court judge granted summary judgment to all of the defendants. The plaintiffs appealed.
Applying the traditional approach to slip and fall cases, the lower court held that the plaintiffs failed to present any evidence that would allow a reasonable jury to conclude that the defendants knew or should have known that the substance on which the plaintiff allegedly slipped was on the mall floor. The appeals court agreed.