NASSAU- A woman has lost a lawsuit against Resorts World Bimini after she injured her knee in a fall on a wet floor.
Jobina Bain, a manager at the National Insurance Board, claimed that the property was at fault in the July 27, 2016 incident.
By contrast, the property argued that the fall occurred because of Bain’s carelessness.
In her evidence, Bain admitted that she saw an employee mopping about 20 feet ahead as she walked towards the lobby. She also saw a yellow caution sign near the mopper.
Bain alleged that there was no warning sign in the area she was walking, although the tiles were “excessively wet.”
In the absence of an alternative route to exit the building, Bain said she “proceeded with caution.”
Despite this, Bain said she slipped and fell backwards and injured her right knee.
In Bain’s witness statement, she alleged that she fell after taking about four or five steps.
However, under cross-examination Bain acknowledged that she had walked 13 feet on the “excessively wet floor” without incident prior to the fall.
She also confirmed that she did not ask the man with the mop to dry the area where she was walking.
Additionally, Bain admitted that she did not need to change her clothing after the fall.
Justice Ian Winder on March 5 dismissed Bain’s lawsuit.
The judge said that the hotel had given adequate warning of the potential danger posed by the wet floor.
Justice Winder continued, “I accept the evidence that at the time of the accident no heavy mopping was taking place. This is consistent with her evidence that notwithstanding the fall her clothing was unaffected.
“Additionally, she also acknowledged that she was carrying several bags—her handbag, a laptop bag and a satin bag—which likely affected her balance.”
