If you slipped and fell on someone else’s property, the business or their insurance company will likely try to get your case thrown out before trial. One of the most common defenses they use is claiming that someone cleaned or inspected the area shortly before your accident—and therefore, they couldn’t have known about the hazardous condition.
But here’s the truth: that defense often falls apart under questioning.
At MJP Injury Law, attorney Michael Prisco has successfully defeated these tactics by taking sharp, strategic depositions that expose the weakness in the defendant’s case. Here’s what you need to know if you’re facing a motion to dismiss in your New York slip and fall claim.
🚫 The “We Just Cleaned” Defense
In many cases, the defendant will argue that:
- An employee inspected or cleaned the area before the fall, and
- There was no hazard present at the time.
Sounds convincing? Not so fast.
Often, this testimony comes from someone who wasn’t even there at the time of the accident. Instead, they rely on general cleaning policies—what staff usually does or is supposed to do. But New York courts have been clear: that’s not enough.
In Mahoney v. AMC Entertainment, Inc., 103 A.D.3d 855 (2d Dept. 2013), the court rejected the defense’s motion because their employee admitted he had no idea when the area was actually inspected on the day of the incident. General procedures weren’t enough to prove the area was safe.
📋 No Logs, No Inspection = No Dismissal
In another case, Ames v. Kimso Apts., Inc., 230 A.D.3d 543 (2d Dept. 2024), the court reversed summary judgment where the defendants couldn’t produce cleaning logs or any evidence of a specific inspection before the fall. The property manager simply described routine practices—and that wasn’t good enough.
Similarly, in your case, if the business can’t show exactly when the area was cleaned or inspected relative to your fall, their defense may crumble. That’s why depositions are so important.
🗣️ Strategic Depositions Turn the Tables
At MJP Injury Law, we don’t just rely on documents—we take the time to ask the right questions during witness depositions. Often, we find that:
- The witness wasn’t present at the time of the fall.
- They don’t remember when the area was last cleaned.
- They’re relying on what’s supposed to happen, not what actually did.
In Rodriguez v. NYCHA, 169 A.D.3d 947 (2d Dept. 2019), the court denied summary judgment where the defense presented testimony about regular cleaning, but no evidence of inspection close in time to the accident.
As the court held in Harrington v. NYCTA, 223 A.D.3d 789 (2d Dept. 2024), general cleaning practices are legally insufficient unless backed by proof of actual cleaning or inspection near the time of the incident.
✅ What This Means for Your Case
Don’t let an insurance company or defense attorney convince you your case is weak because “they cleaned recently.” That defense only works if they can prove it—and more often than not, they can’t.
When properly challenged, summary judgment motions in slip and fall cases are frequently denied, especially when defendants:
- Can’t prove the last time the area was inspected,
- Rely on general policies or assumptions,
- Fail to produce cleaning logs or records.
💼 Get Help From a Lawyer Who Knows How to Win These Fights
Attorney Michael J. Prisco of MJP Injury Law has a strong track record of exposing these weak defenses through thorough investigation and deposition. We know how New York courts evaluate these cases—and we’ll use every tool available to defeat the insurance company’s attempt to dismiss your claim.
📍 Serving injury victims throughout New York City and Long Island, including the Bronx, Brooklyn, Queens, Manhattan, Staten Island, and Nassau and Suffolk counties.
📞 Call MJP Injury Law Today for a Free Consultation
If you or a loved one was injured in a slip and fall accident and the defendant is trying to dismiss your case based on cleaning or inspection claims—don’t go it alone.
📞 Call MJP Injury Law at (718) 550-7019 or submit your inquiry online to schedule your free case review.