Gordon v. American Museum of Natural History

Nature of the Case

This is an appeal in a slip-and-fall personal injury lawsuit.

Facts

Gordon (P) slipped and fell on the front steps of the American Museum of Natural History (D). He slipped on the third step and while in midair he observed a piece of white, waxy paper next to his left foot. It is alleged that the paper came from a concession stand under contract with the museum and that defendant was negligent in that its employees failed to discover and remove the paper before the accident.

The case was submitted to the jury on the theory that defendant had either actual or constructive notice of the dangerous condition. The jury found the museum liable. The Appellate Division affirmed and granted defendant leave to appeal on a certified question.

Issue

To constitute a constructive notice, must a defect be visible and apparent and exist for a sufficient length of time prior to the accident to permit defendants to discover and remedy it?

Holding and Rule of Law

Yes. To constitute a constructive notice, a defect must be visible and apparent and exist for a sufficient length of time prior to the accident to permit defendants to discover and remedy it.

There is no evidence that the museum had actual notice of the paper and the case should not have gone to jury on that theory. There is no evidence that anyone, including Gordon, observed the paper before the accident. Additionally, the paper was not described as being dirty or worn, the paper could have been deposited that minutes or seconds before and any other conclusion would be mere speculation.

Disposition

Judgment for defendant.