What is the test for a business owner to be liable for the safety of their premises?

California, United States of America


The following excerpt is from Maravilla v. L. A. Dodgers LLC, B263602 (Cal. App. 2016):

A business owner owes "a duty to exercise reasonable care in keeping [its] premises reasonably safe," but "is not an insurer of the safety of its patrons." (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205.) This entails "making reasonable inspections of the portions of the premises open to customers." (Ibid.) The key is whether the owner has "'"either actual or constructive knowledge of [a] dangerous condition or ha[s] been able by the exercise of ordinary care to discover the condition."'" (Id. at p. 1206.) The owner must have "notice of the defect in sufficient time to correct it." (Ibid.)

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