Steven Moreno | Cozen O’Connor Overview In a significant decision for premises owners and occupiers, the Supreme Court of Texas has reaffirmed (and strictly enforced) the evidentiary burden plaintiffs must meet to establish constructive notice in slip‑and‑fall cases. In H‑E‑B, L.P. v. Marissa Peterson, the Court held that evidence of prior roof leaks elsewhere in a… Continue reading Supreme Court of Texas Reaffirms Strict Constructive‑Notice Standard in Slip‑and‑Fall Cases
Tag: Constructive Notice
Constructive Notice Established as Obstacle to Relation Back Doctrine
Nicholas B. Brummel and Lawrence S. Zucker II | Haight Brown & Bonesteel In Organizacion Comunidad de Alviso v. City of San Jose, the Sixth Appellate District held that the relation back doctrine was inapplicable where a plaintiff received constructive notice of a defendant’s identity months prior to the last date where filing was permitted pursuant… Continue reading Constructive Notice Established as Obstacle to Relation Back Doctrine