CENTRAL ISLIP, NY – A federal judge has dismissed a personal injury lawsuit filed by a Nassau County woman who claimed she slipped on spilled detergent while shopping at a Home Depot in Levittown, ruling that there was no evidence the company had prior notice of the hazard.
U.S. District Judge Nina R. Morrison issued the decision in Bennett v. Home Depot USA, Inc., granting summary judgment to the retailer and ending the case before trial. Plaintiff Charlene Bennett alleged that Home Depot failed to maintain safe premises after she slipped on a small pool of blue detergent near a display of cleaning products in February 2023.
According to court documents, Bennett testified that she did not see any liquid before she fell and that no employees or other customers were in the aisle at the time. After the incident, store manager Herold Abraham and several employees arrived to assist her. They observed detergent on the floor and shelf and used powder to absorb the spill. Bennett declined medical transport but reported pain from the fall.
Judge Morrison found that Bennett failed to produce evidence showing how long the detergent had been on the floor or that Home Depot employees knew, or should have known, about the spill. The court noted that under New York premises liability law, a property owner cannot be held liable for a transitory condition unless it created or had notice of the hazard in time to correct it.
The court also reviewed Home Depot’s maintenance policies, which require employees to “walk the floor” and monitor for spills, but found no proof that those procedures were violated. Because there was no record of complaints or visible warning signs before the incident, the judge ruled that no reasonable jury could find the company negligent.
Key Points: Judge dismisses Long Island woman’s slip-and-fall lawsuit against Home Depot – Central Islip
- Judge Nina R. Morrison granted summary judgment to Home Depot in a Levittown slip-and-fall case.
- Plaintiff Charlene Bennett claimed she slipped on detergent in the cleaning aisle but presented no proof of prior notice.
- The court ruled that Home Depot had no actual or constructive knowledge of the spill, ending the lawsuit.