Walsh v. Super Value, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fisher, J.P
On this appeal, we are called upon to reexamine a line of authority dealing with the liability of property owners who, by applying wax, polish, or paint to a floor, make it dangerously slippery. We are also presented with the more general but related question of whether a defendant may be held liable for having unknowingly created a dangerous or defective condition on property. We hold that, absent a statute imposing strict liability, a defendant may not be held liable for creating a dangerous or defective condition upon property unless the defendant had actual,…
2Cases cited34 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Basso v. MillerNew York Court of Appeals · 1976
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
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3Cited by12 opinions
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- Nussbaum v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2014
- Mary Elizabeth Flickinger v. Toys R Us - DE IncCourt of Appeals for the Third Circuit · 2012
- Aldrich v. United StatesDistrict Court, S.D. New York · 2024
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