Painting Applications

Miscellaneous

SLIP AND FALL ON PAINTED FLOOR 

Q. My wife was walking up an outside steel staircase in the rain.  Although she walked slowly on account of the wet surfaces, she nevertheless slipped, fell and hurt herself badly.  I examined the steps after they had dried out and it appears that they had been painted. We have visited a lawyer to see if we have a potential lawsuit, and he told us that to keep our costs down we should first look for a paint expert or coating expert witness.  Can you help, and what could you do for us?

A.  Yes, I may be able to assist you, depending of-course on whether or not there is a conflict of interest.  In any case, if you were to retain my services I would first need to examine the steps to see what coating has been applied to the surface and whether or not a non-skid abrasive has been incorporated into the paint.  I have seen cases in which the walkway coating was just fine when it was applied, but after a few years the maintenance folks repainted the steps with a smooth finish.  Therefore, after the painting had been performed the steps were no longer “safe”. I have also seen cases in which the abrasive that was used was too small to be affective.

On the other hand, I have also given an opinion against the plaintiff, (the person who fell on a concrete floor).  When I examined the surface I found that the coating was just fine, but that the plaintiff, by his own admission, had run into the building while it was raining outside, and didn’t slow down as he entered the building, thus slipping. This was carelessness on his part.

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