California, United States of America
The following excerpt is from Moore v. Wal-Mart Stores, Inc., 111 Cal.App.4th 472, 3 Cal.Rptr.3d 813 (Cal. App. 2003):
However, the plaintiff need not show actual knowledge where evidence suggests that the dangerous condition was present for a sufficient period of time to charge the owner with constructive knowledge of its existence. (Ortega v. Kmart Corp., supra, 26 Cal.4th at p. 1206, 114 Cal.Rptr.2d 470, 36 P.3d 11.) Whether this condition has existed long enough for a reasonably prudent person to have discovered it is a question of fact for the jury. (Id. at p. 1207, 114 Cal.Rptr.2d 470, 36 P.3d 11.) There are no exact time limits. Rather, each accident must be viewed in light of its own unique circumstances. (Ibid.)
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