| Whether, in a slip and fall case, the condition of a transitory foreign substance is itself sufficient to establish constructive knowledge?
Where the plaintiff slips and falls on a transitory foreign substance in a defendant’s business premises, once the plaintiff establishes that he or she fell as a result of that transitory foreign substance, the burden shifts to the defendant to produce evidence that it exercised reasonable care under the circumstances. Transitory foreign substance refers generally to any liquid or solid substance, item or object located where it does not belong. A foreign substance is a substance found where it is not supposed to be found. |
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