Practice point: On a summary judgment motion in a premises liability case, defendant must make a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it.
Students should note that a property owner's duty is to maintain the property in a reasonably safe condition, but not to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous.
Case: Bloomfield v. Jericho Union Free School Dist., NY Slip Op 00341 (2d Dept. 2011)
Here is the decision.
Tomorrow’s issue: Labor Law.
