Practice point: To constitute constructive notice, a dangerous condition must be
visible and apparent and must exist for a sufficient length of time
before the accident to permit the defendant to discover and remedy 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. Merely referring to general cleaning practices, with no evidence regarding any specific cleaning or inspection of the area in question, is insufficient to establish a lack of constructive notice.
Student note: In a slip-and-fall case, a defendant moving for summary judgment has the
initial burden of making a prima facie showing that it did not create
the condition on which the plaintiff slipped, and did not have actual or
constructive notice of that condition.
Case: Arcabascio v. We're Assoc., Inc., NY Slip Op 01595 (2d Dept. 2015)
Here is the decision.
Monday's issue: Medical malpractice, summary judgment, expert opinions, and motions to renew and reargue.
