Practice point: A property owner may be liable for injuries resulting from malfunctions or defects of which it has notice.
Students should note that a company which contracts to do repairs may be liable for not correcting a defect of which it is aware, or for not finding a defect that it reasonably should have found.
Isaac v. 1515 Macombs, LLC , NY Dept. 2011
Tomorrow’s issue is the best evidence rule.
