Injuries caused by a defective condition.

Practice point: The plaintiff must show that the landowner either created the defective condition, or had actual or constructive notice of the defect.

Student note: When a defendant-property owner lends allegedly dangerous or defective equipment to a worker who is injured during its use, the defendant moving for summary judgment must establish that it neither created the alleged danger or defect in the instrumentality nor had actual or constructive notice of the dangerous or defective condition.

Case: Arredondo v. Valente, NY Slip Op 02821 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Psychiatrist’s malpractice.