Ortega v. Kmart Corp.

36 P.3d 11, 26 Cal. 4th 1200, 2001 Cal. Daily Op. Serv. 10516, 114 Cal. Rptr. 2d 470, 2001 Daily Journal DAR 13099, 2001 Cal. LEXIS 8479
CourtCalifornia Supreme Court
DecidedDecember 20, 2001
DocketNo. S091888
StatusPublished
Cited by199 cases

This text of 36 P.3d 11 (Ortega v. Kmart Corp.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ortega v. Kmart Corp., 36 P.3d 11, 26 Cal. 4th 1200, 2001 Cal. Daily Op. Serv. 10516, 114 Cal. Rptr. 2d 470, 2001 Daily Journal DAR 13099, 2001 Cal. LEXIS 8479 (Cal. 2001).

Opinions

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 to prove the owner had actual or constructive notice of the defect in sufficient time to correct it. (Louie v. Hagstrom’s Food Stores (1947) 81 Cal.App.2d 601, 606 [184 P.2d 708] (Louie).) The question here is: If the plaintiff has no evidence of the source of the dangerous condition or the length of time it existed, may the plaintiff rely solely on the owner’s failure to inspect the premises within a reasonable period of time in order to establish an inference that the defective condition existed long enough for a reasonable person exercising ordinary care to have discovered it? We conclude that evidence of the owner’s failure to inspect the premises within a reasonable period of time is sufficient to allow an inference that the condition was on the floor long enough to give the owner the opportunity to discover and remedy it. (See Bridgman v. Safeway Stores, Inc. (I960) 53 Cal.2d 443 [2 Cal.Rptr. 146, 348 P.2d 696] (Bridgman).)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ruckman v. Ag-Wise Enterprises
California Court of Appeal, 2025
Howard v. Accor Management US CA2/8
California Court of Appeal, 2024
Li v. Cole Haan LLC CA6
California Court of Appeal, 2024
Vardanyan v. VJ's Touch Beauty Salon CA2/3
California Court of Appeal, 2024
Pollock v. Panda Express CA2/2
California Court of Appeal, 2024
Skelton v. City of Brentwood CA1/1
California Court of Appeal, 2023
Ghobrial v. USS Midway Museum CA4/1
California Court of Appeal, 2023
Romero v. Los Angeles Rams
California Court of Appeal, 2023
Romero v. Los Angeles Rams CA2/8
California Court of Appeal, 2023
Birke v. Lowe's Home Centers, LLC CA2/3
California Court of Appeal, 2023
Said v. Costco Wholesale CA4/2
California Court of Appeal, 2023
Torres v. Super Center Concepts CA2/1
California Court of Appeal, 2022
Williams v. Forum Entertainment CA2/8
California Court of Appeal, 2022
Martinez v. City of Beverly Hills
California Court of Appeal, 2021
Dufaut v. Rancho Coastal Humane Society CA4/1
California Court of Appeal, 2020
Jones v. Awad
California Court of Appeal, 2019

Cite This Page — Counsel Stack

Bluebook (online)
36 P.3d 11, 26 Cal. 4th 1200, 2001 Cal. Daily Op. Serv. 10516, 114 Cal. Rptr. 2d 470, 2001 Daily Journal DAR 13099, 2001 Cal. LEXIS 8479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortega-v-kmart-corp-cal-2001.