Thursday, April 24, 2014

An owner's duty and slippery floors.

Practice point:  A property owner's duty to maintain the premises so that they are reasonably safe extends to any hazardous condition about which the owner has actual or constructive notice. Except where the landowner created the defective condition, thereby affording actual notice, it is the responsibility of the injured party to establish that the condition was either known to the owner or had existed for a sufficient period of time to have allowed the owner to discover and correct it.

Student note:  Proof that a floor is inherently slippery, standing alone, is insufficient to support a cause of action for negligence.

Case: Caicedo v. Sanchez, NY Slip Op 02663 (1st Dept. 2014)

Here is the decision.

Tomorrow's issue: Hit while crossing within the crosswalk.