Supreme Court of California

If the plaintiff has no evidence of the source of the dangerous condition or how long it was there, he may rely solely on the premises owner's failure to inspect within a reasonable period of time to establish that the defective condition existed long enough for a reasonable person exercising ordinary care to have discovered it.

Appellate Information

• Decided 12/20/2001
• Published 12/20/2001

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Law Offices of Diane Goldman, Diane Goldman;  Sedgwick, Detert, Moran & Arnold, Frederick D. Baker, San Francisco, and Katharine Demgen for Defendant and Appellant., Kelly, Herlihy & Klein, Jonathan Allan Klein and Rachel Holzberg for California Retailers Association and the National Association of Chain Drug Stores as Amici Curiae on behalf of Defendant and Appellant.,  Knox, Lemmon & Anapolsky and Thomas A. Knox, Sacramento, for California Retailers Association as Amicus Curiae on behalf of Defendant and Appellant., Law Office of Richard A. Lense and Richard A. Lense for Plaintiff and Respondent., Ghitterman & Ghitterman, Allan S. Ghitterman and Russell R. Ghitterman, Santa Barbara, as Amicus Curiae on behalf of Plaintiff and Respondent.