Purviance v. Michaels Stores, Inc., 8:23-cv-01665

Plaintiff Kyonae Purviance visited a Michaels store in Towson, Maryland on March 4, 2021, where she slipped and fell on a wet floor sign near the restroom, injuring her shoulder and knee.
Purviance did not see the bright yellow wet floor sign lying in the corridor to the restroom before stepping on it and falling.
Michaels employees are trained to inspect for hazards; the store manager observed the sign in an upright position about an hour before the fall and noted no prior reports of hazards that day.
Purviance filed suit against Michaels and the property owner, Talisman Towson LP, for negligence in maintaining safe premises.
Defendants moved for summary judgment, arguing there was no evidence of negligence or notice, and that Talisman did not control the premises.
The court considered the motion for summary judgment based on the record and parties’ arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Negligence (duty and breach)	Michaels breached duty by leaving sign in path	No evidence store knew/should have known of hazard	No evidence of actual or constructive notice; for Def.
Constructive Notice of Hazard	Employee proximity meant store should have known	Employee’s mere presence does not establish notice	Employee’s presence insufficient; for Def.
Duration of Dangerous Condition	Implies sign was left long enough for notice	No proof how long the sign was down before fall	No proof duration; for Def.
Talisman’s Liability	Talisman liable as property owner	No evidence Talisman controlled premises	No evidence of control; for Def.

Giant Food, Inc. v. Mitchell, 334 Md. 633 (Md. 1994) (storeowners are not insurers of customer safety, negligence not presumed by injury occurrence)
Casper v. Chas. F. Smith & Son, Inc., 316 Md. 573 (Md. 1989) (duty of shopkeeper depends on plaintiff’s status at time of injury)
Evans v. Hot Shoppes, Inc., 223 Md. 235 (Md. 1960) (shopowner must exercise reasonable care to protect invitees)