Slip-and-fall case against dealership all wet, appeals court rules

The Texas Court of Appeals has refused to reinstate a negligence and premises liability suit by a customer who claims to have been injured when she slipped on a small puddle in a service bay.

A unanimous three-judge panel found that Azita Nazary failed to produce evidence that Classic BMW in Plano, Texas, knew or should have known there was water on the floor or that the dealership failed to use reasonable care to eliminate or reduce any risk of injury. Ownership of the store changed after the September 2019 incident; it is now Sewell BMW of Plano.

The June 8 decision upheld a lower court ruling in favor of the dealership.

On appeal, Nazary unsuccessfully contended she was entitled to a jury trial on the question of whether the floor was wet and whether the amount of water on the floor "constituted an unreasonably dangerous condition."

She claimed no warning signs were posted and that an unidentified dealership employee, who came to her aid, told her the rails on the service floor's garage always leaked. She said a service manager testified if water were on the floor, it would "provide a slip and fall possibility for employees as well as customers." She also offered as evidence a photo taken four months after the incident showing another puddle in the service area where she had fallen.

In a court filing, Classic BMW denied violating its legal duty of care to its service customers and pointed out that "after the fall, Nazary refused any medical attention at the dealership, returned home and got ready and went to work as usual."

Accepting the dealership's argument, the Court of Appeals said Nazary failed to offer sufficient evidence that Classic BMW failed to adequately warn its customers about the wet floor or failed to make the wet floor reasonably safe.

Defense attorney Cassie Dallas, of Dallas, told Automotive News the dealership didn't authorize her to comment on the case. Nazary's attorney didn't respond to requests for comment.