Slips and falls.

Practice point: Evidence of an unremedied condition that recurred and caused prior accidents because it was not addressed can constitute constructive notice.

Student note: While strewn MetroCards constitute a recurrent condition, a court cannot impose a duty upon a municipal authority to alter its cleaning schedule or hire additional cleaners without a showing that the established scheduled is manifestly unreasonable. Where as here, a reasonable cleaning routine was established and followed, liability will not be imposed.

Case: Harrison v. New York City Tr. Auth., NY Slip Op 02753 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Disqualifying a firm.