Negligent Maintenance Of Restaurant Floor Causes Fall Accident

ByJohn Lomicky

Updated on

Negligent Maintenance Of Restaurant Floor Causes Fall Accident

This case involves an elderly male plaintiff who slipped and broke his hip at a chain fast food location in Mississippi. The slip occurred within an hour of the floor being mopped. The company’s policy manual explicitly stated that the cleaning solution used on the floor must be wiped up after application. An investigation into the chain location revealed that the cleaner was almost always allowed to air-dry rather. Not conducting a dry-mop was a violation of company policy. As a result, it was suspected that coats of cleaner accumulated on the floor causing it to be far more slippery than normal when wet. An expert in restaurant management was sought to address the theory that successive applications of the cleaner can create dangerous conditions if not properly dried.

Question(s) For Expert Witness

1. In your experience, is it a standard or best practice to dry mop or otherwise rinse a restaurant floor after a cleaner has been applied? Why?

Expert Witness Response E-071435

inline imageChemicals build up residue over time, and of course, grease is also a major culprit of buildup. Normal chemicals used for mopping only address the normal daily floor buildup. That's why a degreaser needs to be used nightly to eliminate grease buildup. If the proper mopping with the proper chemicals and degreaser is not performed, over time the floor becomes a greater risk. If a floor is allowed to dry over time, this allows a layer of grease and chemicals to build up. When the floor becomes wet, the problem only worsens. A floor must be mopped until dry (dry-mop). In a restaurant, the floor must be mopped with a degreaser daily to eliminate grease buildup. In any case cases, you should never allow a floor to just air-dry. One another note, a market like Mississippi with high humidity makes floors dry much slower than other environments if it is allowed to simply air dry, causing a false sense of security that the floor is indeed less slippery. Allowing a floor to dry naturally in a humid environment is a slow and dangerous process.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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