DocketNumber: No. CV93-0529589
Citation Numbers: 1996 Conn. Super. Ct. 1399, 16 Conn. L. Rptr. 135
Judges: LANGENBACH, J.
Filed Date: 2/1/1996
Status: Non-Precedential
Modified Date: 7/5/2016
As a business invitee, the defendant owed him a duty to keep their premises in a reasonably safe condition. The plaintiff has the burden of proving the defect claimed and that the defendant had actual or constructive notice of the defect within a reasonable time to remedy it. CT Page 1400
There is no evidence in this case that the defendant had actual notice of the alleged defect.
The plaintiff urges the court to find constructive notice because he contends that the condition existed for a period of time sufficient for defendant's employees, in the exercise of due care, to discover the defect in time to have remedied it. In this regard the plaintiff argues that a reasonable inspection would have disclosed the defect.
The plaintiff refers to Long v. Savin Rock Amusement Co.,
The bar chair in question, while higher than a table chair did not necessarily create a greater danger than other chairs. Defendant's bartender testified that there was a hands-on inspection when the chairs were moved by employees daily as the premises were cleaned and the chairs relocated at the bar. When plaintiff seated himself he noticed nothing wrong with the chair. Others had previously sat on the same chair during the same evening and mentioned no problem to the bartender.
The plaintiff has failed to prove that defendants failed in their duty to inspect or that it had actual or constructive notice of a defect.
Judgment may enter for the defendants.
SO ORDERED,
Langenbach, J. CT Page 1401