Premises liability cases.

Practice point: A defendant who moves for summary judgment has the initial burden of making 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.

Student note: Although the presence of a loaded gun may constitute a dangerous condition, the mere presence of a gun in the defendant's house was not sufficient to establish, as a matter of law, the defendant's liability founded on the presence of a dangerous condition, absent proof that the defendant had actual or constructive knowledge that the gun was loaded.

Case: Abrams v. Berelson, NY Slip Op 02618 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Premises security cases.