Sharpton v. Great Atlantic & Pacific Tea Co.

Hall, Judge.

As a general rule, when the defendant’s liability is based on constructive knowledge of a dangerous condition, the petition must allege facts and circumstances sufficient to make it a question of fact whether the alleged dangerous condition had existed for a sufficient length of time so that knowledge of it would be imputed to the defendant. Home Fed. Savings &c. Assn. v. Hulsey, 104 Ga. App. 123 (121 SE2d 311). The length of time which must exist to show that the defendant had an opportunity to discover the defect will vary with the circumstances of each case (nature of the…