In slip and fall cases, the property owner can only be held liable if it created the dangerous condition or had actual or constructive notice of the condition. The Second Department upheld this doctrine in Diers v. King Kullen Grocery Co., Inc.

In Diers, the plaintiff slipped and fell on chicken grease in a King Kullen supermarket, and as a result, sued King Kullen for her ensuing injuries. King Kullen moved for summary judgement to have the complaint dismissed by arguing that they lacked both actual and construction notice of the chicken grease on the floor.

In granting summary judgment to King Kullen, the court found that King Kullen established their entitlement to summary judgment by presenting video surveillance demonstrating that it lacked notice of the grease. The video also established that the grease was not on the floor for a sufficient length of time to be discovered and remedied before the accident occurred.

This case teaches in a slip and fall case notice is the key factor when trying to defendant against liability. (And of course, surveillance can’t hurt!)

Thanks to Moya O’Connor for her contribution to this post.