actual or constructive know. owner had notice of defect circumstantial evidence care req'd = risk involved felt dry, gritty, dirty condition posed a risk constructive notice did not exercise reasonable care reverse judgment reasonable time to inspect prox. caused injuries plaintiff take nothing reas'bly careful in perf. duties condition of banana peel foreign substance burden shifts banana dropped within minutes constantly clean floor three separate burdens did not notice if milk fresh can't tell how long banana on floor floor mats warning cones fresh banana peel 15-30 minutes wax paper reversed and remanded plaintiff has burden actual notice actual or constructive know. owner had notice of defect circumstantial evidence care req'd = risk involved felt dry, gritty, dirty condition posed a risk constructive notice did not exercise reasonable care reverse judgment reasonable time to inspect prox. caused injuries plaintiff take nothing reas'bly careful in perf. duties condition of banana peel foreign substance burden shifts banana dropped within minutes constantly clean floor three separate burdens did not notice if milk fresh can't tell how long banana on floor floor mats warning cones fresh banana peel 15-30 minutes wax paper reversed and remanded plaintiff has burden actual notice
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actual or constructive know.
owner had notice of defect
circumstantial evidence
care req'd = risk involved
felt dry, gritty, dirty
condition posed a risk
constructive notice
did not exercise reasonable care
reverse judgment
reasonable time to inspect
prox. caused injuries
plaintiff take nothing
reas'bly
careful
in perf.
duties
condition of banana peel
foreign substance
burden shifts
banana dropped within minutes
constantly clean floor
three separate burdens
did not notice if milk fresh
can't tell how long banana on floor
floor mats
warning cones
fresh banana peel
15-30 minutes
wax paper
reversed and remanded
plaintiff has burden
actual notice
