The COVID pandemic might be over but its lasting effects continue to haunt certain businesses. For example, Mount Airy Casino Resort, a gambling property in Pennsylvania, now faces a lawsuit over alleged hand sanitizer-related negligence.

A Guest Injured Her Elbow

Tatiana and Peter Oudolsky were visiting the Pocono Mountains property during a holiday in July 2020. Their stay, however, was soured by an incident that saw Mrs. Oudolsky hurt her elbow.

At around twenty to 1 am on July 4, the woman was walking near a hand sanitizer station when she slipped and fell on the marble floor. The station was placed because of the pandemic and had been used by three casino guests some 20 earlier, according to surveillance video data.

After Tatiana injured her arm, the Oudolsky’s filed a lawsuit, alleging negligence. The case was initially dismissed because of insufficient evidence but is now being revived after the family successfully appealed an earlier decision.

A Lower Court Believed the Evidence Was Insufficient

In October 2023, a trial court said that Mrs. Oudolsky failed to present sufficient evidence that resort officials were the ones who created the dangerous conditions. According to the court, there was not sufficient proof of how the liquid the woman slipped on came to be on the floor or how long it had been there.

Additionally, the lower court could not determine whether the liquid Mrs. Oudolsky slipped on was truly hand sanitizer and whether the incident had been caused by defective equipment.

The Superior Court Said the Couple Has the Right to a Trial by Jury

The couple, however, filed an appeal to the Pennsylvania Superior Court. As a result, Judge Deborah Kunselman just made a ruling that there is enough evidence for a jury to side with the plaintiffs.

The judge further added that the evidence is sufficient for a jury to conclude that the resort created dangerous conditions by placing a hand sanitizer station over a marble floor and not informing its guests of the potential danger.  Although the resort had informed its visitors about the stations, it never specified the dangers of slipping on the wet floor.

Judge Kunselman therefore concluded that the couple has the right to a trial by jury.