Ortega v. Kmart Corp.
Supreme Court of California
36 P.3d 11 (Cal. 2001)
Relevant factsFree
Ortega slipped on spilled milk at a Kmart aisle, and a store manager testified employees should generally walk that aisle every 15 to 30 minutes, but Kmart kept no records showing when the aisle was last actually inspected before the fall; the jury found for Ortega, and the court of appeal affirmed.
IssueFree
Whether, in a slip and fall case, a plaintiff may demonstrate that the storekeeper had constructive notice of the dangerous condition in question simply by showing that the area had not been inspected within a reasonable period of time.