Practice point: A real property owner or a party in possession or control of real property
will be held liable for injuries sustained in a slip-and-fall accident
involving snow and ice on its property only when it created the alleged
dangerous condition or had actual or constructive notice of it.
Student note: A defendant has constructive notice of a defect when it is
visible and apparent, and has existed for a sufficient length of time before
the accident that it could have been discovered and corrected. To meet its
initial burden on the issue of lack of constructive notice, a defendant must
offer some evidence as to when the area in question was last cleaned or
inspected relative to the time when the plaintiff fell.
Case: Feola v. City of New York, NY
Slip Op 00304 (2d Dept. 2013).
Here is the decision.
Monday’s issue: Discovery.
