California, United States of America
The following excerpt is from Luna v. Monterey Park Petroleum, Inc., H042290 (Cal. App. 2019):
evidence at all.1 A defendant moving for summary judgment based on the absence of duty has the burden to affirmatively negate the existence of duty. (Eriksson v. Nunnink (2011) 191 Cal.App.4th 826, 849.) The evidence submitted by defendantsthat plaintiff slipped in runoff from the carwash consisting only of water that she saw beforehanddoes not exempt defendants from the general rule requiring reasonable care in the management of property to avoid causing injury to another.
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