Slip, Fall, Fact Issue

November 4, 2025

In Legendre v. Harrah’s Casino, the Fifth Circuit held that a genuine fact issue existed as to negligence, requiring reversal of a summary judgment, where surveillance footage and testimony allowed a reasonable inference of inattentive conduct by an employee.

A patron of Harrah’s Casino bumped into a casino employee on the casino floor. The record showed that  the employee admitted he “was walking while looking down fixing [his] facemask” and did not see the patron before impact.. A surveillance video, while brief, showed him not looking where he was going. As the Court summarized: “whether this momentary inattention amounts to negligence is a fact issue, which the district court should not have resolved.” No. 24-30689, Oct. 30, 2025.

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