NIEVES-ROMERO v. U.S.

No. 12-1193.

715 F.3d 375 (2013)

José A. NIEVES-ROMERO et al., Plaintiffs, Appellants, v. UNITED STATES et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 3, 2013.


Attorney(s) appearing for the Case

Carlos Rodríguez García , with whom Rodríguez García PSC was on brief, for appellants.

Isabel Muñoz-Acosta , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, and Julia M. Meconiates , Assistant United States Attorney, were on brief, for appellees.

Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.


SELYA, Circuit Judge.

When a dangerous condition exists on commercial premises and causes injury to a business invitee, tort liability typically depends on whether the owner/occupier knew or reasonably should have known of the existence of the dangerous condition. In the case at hand, the district court concluded that the summary judgment record contained no significantly probative evidence of the defendant's knowledge (actual or constructive) of the dangerous condition...

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