Sarkisian v. Concept Restaurants, Inc.Annotate this Case
Plaintiff broke her leg after slipping and falling on a wet dance floor at a nightclub owned by Defendant. The district court granted summary judgment in favor of Defendant, concluding that Plaintiff failed as a matter of law to carry her burden under the “traditional” approach to premises liability because she did not show that Defendant had actual or constructive notice of the dangerous condition. Plaintiff appealed, arguing that the “mode of operation” approach to premises liability, which alleviates the plaintiff’s burden of proving notice, provided the proper legal standard. The Supreme Court reversed, holding (1) on the facts presented by the case, the mode of operation approach applied; and (2) summary judgment was improperly granted because Defendant had notice of the inherent risks associated with its chosen mode of operating its dance floor. Remanded.