Motel 6 G.P., Inc. v. Lopez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• phrasing knowledge element as “actual or constructive knowledge of some condition on the premises”
• “[A]s a guest of the motel, Lopez qualifies as an invitee for purposes of a premises liability 7 claim.”
• because motel had no knowledge of a dangerous condition, any premises liability claim predicated upon negligent maintenance, a failure to warn, or absence of safety devices is barred
• because motel had no knowledge of a dangerous condition, any premises liability claim predicated upon negligent maintenance, a failure to warn, or absence of safety devices is barred
• evidence of breach of duty irrelevant because owner “cannot breach a duty that it does not owe, and it does not owe a duty to correct a defect of which it is not, and should not be, aware”
• “An invitee must show that a land owner either knew, or after reasonable inspection should have known, of an unreasonably dangerous condition before arguing that the owner breached a duty by failing to take any one of several precautions.”

Source: CourtListener parenthetical corpus (CC0).