Flower Jewelry

Dangers Where A Property Owner Has Total Control

18.05.12

Dangers Where a Property Owner Has Exclusive Control Consider the following scenario: an independent contractor named Tom worked repairing jewelry at a jewelry store in a mall. One day, while Tom was at the store, he slipped and fell on jewelry cleaning solution in the break room of the store; the solution had leaked onto the floor from its container or was poured onto the floor by a store employee. The trial court threw out the case on a motion for summary judgment, deciding that there was no evidence that the store had knowledge or “notice” of the dangerous condition created by the spilled solution. Under California law on premises liability, property owners are only liable for a trip and fall or slip and fall accident if they had notice of the dangerous condition that caused the accident. The California Court of Appeal disagreed with the trial court and overturned the decision. The Court explained that the store had exclusive control over the break room where the spill occurred

Source: JD Supra (press release)

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