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· 9/23/2024

Evans v. Walmart Defiance Supercenter 5385

Citations

  • 2024 Ohio 4630

Syllabus

Summary Judgment; Slip and Fall; Constructive Notice; Duty of Care. To recover from a shopkeeper in a slip and fall case, the plaintiff must demonstrate that the defendant created the hazard, had actual knowledge of the hazard, or had constructive notice of the hazard. In turn, the plaintiff must present some evidence as to how long the condition was present to establish constructive notice. Such evidence is required because, without information about how long a condition existed, no inference can be drawn as to whether the shopkeeper breached a duty of care with regard to that condition.

Judges: Willamowski

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