Practice point: A defendant has constructive notice of a dangerous condition when the
condition has been visible and apparent long enough for the defendant
to have discovered and remedied it. To meet its burden on the issue 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. Reference to general cleaning practices is insufficient to
establish a lack of constructive notice in the absence of evidence
regarding specific cleaning or inspection of the area in question.
Student note: A defendant moving for summary judgment dismissing the complaint in a
slip-and-fall case must establish, prima facie, that it did not create
the dangerous condition that caused the plaintiff's injuries and had
neither actual nor constructive notice of the condition when the
plaintiff was injured.
Case: Garcia-Monsalve v. Wellington Leasing, L.P., NY Slip Op 09102 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Unambiguous language in a stipulation controls.
