Plaintiff Katie Freiermuth went with her children to defendant Get Air’s trampoline park. While walking to the restroom, she walked past two wet floor signs and an employee actively mopping the floor. She took several steps and slipped and fell on the wet floor. She subsequently sued Get Air for her injuries suffered from the fall. The issue in Freiermuth v. Get Air Mays Landing, LLC, 2026 N.J. Super. Unpub. LEXIS 1826 (App. Div. Aug. 5, 2026), was whether Plaintiff needed an expert to establish the industry standard of care for maintenance of the facility and whether there was any breach of a duty of care owed to her.
Plaintiff did not know the source of the water but the accident was captured on the defendant park’s video surveillance system. Plaintiff claimed to have suffered a lumbar and left knee injury due to her fall.
After discovery ended, defendant moved for a summary judgment. The trial court granted the motion and dismissed the lawsuit. The judge found that Get Air did owe plaintiff, as a business invitee, “a duty of reasonable care to guard against dangerous conditions on its property that it either knew about or should have discovered.” However, the judge found that plaintiff “failed to articulate any industry standard for which Get Air was responsible and breached,” that it did not create a dangerous condition or fail to exercise reasonable care to guard against such a condition, and that plaintiff signed a valid waiver and release of liability as to use of the facility.
This decision was appealed and upheld by the Appellate Division.
The appeals court agreed with the trial court that expert testimony was needed to establish the industry standards for the park’s cleaning and maintenance guidelines or standards during business hours. The Court found that the record lacked factual or expert testimony “to show that Get Air failed to exercise due care by not posting additional warning signs or safeguards for mopping during business hours.”
Expert testimony would be needed because “the average juror would be unable to determine whether Get Air’s actions in mopping and posting warning signs were unreasonable and did not comport with industry standards.” The Court agreed with the trial judge that “an expert would be necessary to assist the jury in determining whether Get Air’s actions fell below what was expected and required to maintain the park’s safe environment.”
The Appellate Division also found that Get Air’s mopping procedure did not create a dangerous condition. Cleaning the facility floor and putting up two wet floor signs to ensure the safety of its patrons was reasonable and did not create a dangerous condition. Regardless of the source of the water (it may have been from a spill), the park satisfied its duty to warn against such a potentially dangerous condition by posting the warning signs.
Further, the Court noted that the area being mopped was “open and obvious” to patrons. Plaintiff acknowledged that she walked past two wet floor signs on the way to the restroom and an employee actively mopping the floor. Hence, as the trial judge found, “plaintiff was on notice of any purported dangerous condition and walked into the area nonetheless.” Hence, there was no breach of a duty to warn. Because the Appellate Division found that the trial court judge correctly ruled that the plaintiff failed to establish a duty of care based on industry standards and a breach of that duty, it did not reach the issue of whether the liability waiver was applicable.
