Ortega v. Kmart Corp.

Opinion

CHIN, J.

We granted review to decide under what circumstances, if any, a store owner may be liable for injuries to a business invitee from a dangerous condition on its premises where the evidence fails to show how long the dangerous condition existed prior to the injury. The cases require that an owner must have actual or constructive notice of the dangerous condition before incurring liability. (Hatfield v. Levy Brothers (1941) 18 Cal.2d 798, 806 [117 P.2d 841] (Hatfield); Girvetz v. Boys’ Market, Inc. (1949) 91 Cal.App.2d 827, 829 [206 P.2d 6] (Girvetz).) The plaintiff has the burden…