· 1/7/2004
Gonzalez v. Wal-Mart Stores, Inc.
Citations
- 299 F. Supp. 2d 188
- 2004 U.S. Dist. LEXIS 67
- 2004 WL 35440
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Finding that the defendant created the dangerous condition requires ‘some affirmative act’ on the part of the defendant.”
- “Finding that the defendant created the dangerous condition requires ‘some affirmative act’ on the part of the defendant.”
- explaining that, for a slip-and-fall premises liability case, “the plaintiff must demonstrate that the landowner created the condition that caused the injury, or that the landowner had actual or constructive notice of the condition”
- granting summary judgment to defendant given the absence of any evidence that the defendant created the hazard (a plastic rope in the parking lot)
- noting the absence of evidence that the hazard – a rope – was dirty or worn
- constructive notice requires evidence of defendant’s awareness of particular conditions that caused the accident
Source: CourtListener parenthetical corpus (CC0).
Judges: Koeltl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.