Dapp v. Larson - 240 A.D.2d 918, 659 N.Y.S.2d 130 (App. Div. 3rd Dept. 1997)

Rule:

In order to establish a prima facie case of negligence against a defendant, plaintiff is required to establish that defendant either created the allegedly dangerous or defective condition or had actual or constructive notice thereof. In addition to notice, plaintiff must also demonstrate that the alleged dangerous condition was the proximate cause of her injury.

Facts:

While visiting defendant in her capacity as a home health aide, plaintiff sustained injuries when she fell down the front steps of defendant’s residence. As plaintiff was leaving the residence, she claimed that she took a few steps across the porch and started to descend the stairs when she fell. Upon landing at the bottom of the stairs, she noticed that the brown plastic doormat that had been on the porch was laying on the bottom step. Plaintiff subsequently commenced an action for personal injuries. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to demonstrate the existence of a dangerous condition upon defendant’s premises or that defendant had notice of any such condition. The summary judgment was granted, and the plaintiff appealed.

Issue:

Was the plaintiff able to establish a prima facie case of negligence against defendant, thereby making the grant of summary judgment in favor of defendant an error? 

Answer:

No.

Conclusion:

The court noted that in order to establish a prima facie case of negligence against defendant, plaintiff was required to establish that defendant either created the allegedly dangerous or defective condition or had actual or constructive notice thereof. In addition to notice, plaintiff had to demonstrate that the alleged dangerous condition was the proximate cause of her injury. The appellate court held that victim failed to submit proof establishing that her accident was caused by defendant's doormat. Since plaintiff failed to raise a triable issue as to causation, the appellate court affirmed the summary judgment in favor of defendant.