Celeena Pompeo (Partner-Orange County, CA) and James Werner (Associate-Orange County, CA) obtained summary judgment in favor of a premises owner client against a plaintiff who tripped and fell on a floor mat while working for a cleaning company at our client’s warehouse. The plaintiff sustained a spinal fracture and claimed she could not return to work due to her injuries. Her past lost earnings, loss of future earnings and earning capacity was substantial due to the many years she had missed work. The plaintiff claimed the floor mat was a dangerous condition on the property and that the owner should have provided a warning. Celeena and James argued that the Privette doctrine bars the plaintiff, an employee for an independent contractor on the premises, from recovering against the hirer of the independent contractor. Through the effective and critical deposition questions posed to the plaintiff, Celeena and James were able to confirm that the client did not affirmatively contribute to the plaintiff’s injury, and thus there was no valid exception to the Privette doctrine in this case. They also argued that the plaintiff walked on the floor mat five days a week, at least three times per day over the course of two years without any issue. The court confirmed there was no evidence of a dangerous condition on the property and the floor mat was open and obvious.