Practice point: In a slip and fall action, a defendant may establish its prima facie
entitlement to judgment as a matter of law by submitting evidence that
the plaintiff cannot identify the cause of the fall. Here, the store-defendants failed to make the requisite showing as the
plaintiff testified at deposition that she fell on "muddy" water.
In addition, the store-defendants failed to establish that they were entitled to judgment as a matter of law on the ground
that they did not create or have constructive notice of any hazardous
condition.
They presented no evidence to establish when the area was last cleaned or
inspected prior to the plaintiff's fall.
Student note: A defendant has constructive notice of a defect when it is visible and apparent, and existed for a sufficient length
of time before the accident that it could have been discovered and
corrected. To meet its initial burden, the defendant must offer some evidence as to when the area in
question was last cleaned or inspected relative to the time of the plaintiff's fall.
Case: Altinel v. John's Farms, NY Slip Op 00314 (2d Dept. 2014).
Here is the decision.
Monday's issue: A defendant-corporation's pro se answer.
