Robert S. Kelner and Gail S. Kelner
It is well settled that landowners have a duty to keep their premises in a reasonably safe condition considering all the circumstances. Basso v. Miller, 40 N.Y.2d 233(1976). This duty of care includes reasonable inspections of areas of potential defects.
In order to establish a prima facie case of liability arising out of a defective premises condition, a plaintiff must establish that defendant either caused and created a dangerous condition or had actual or constructive notice of it. Cases where it can be shown that defendants either had actual notice or caused and created the defect are generally easier to prove than those that require showing that a defendant had constructive notice.
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