Practice point: Where an object capable of deteriorating is concealed from view, a property owner's duty of reasonable care requires periodic inspection of the area.
Students should note that a cause of action may sound in res ipsa loquitur if the area in question is one to which the public did not have unfettered access.
Case: Hoffman v. United Methodist Church, NY Slip Op 06360 (2d Dept. 2010)
Here is the opinion.
Monday's issue: Motion practice.
