Business owners do not breach their duty to invitees by failing to remedy a danger unless they had actual or constructive notice of that danger; and the affirmative act rule, rather than acting as an alternative to notice, allows an inference of notice when circumstantial evidence shows that the defendant knew or should have known of the dangerous condition because it was a foreseeably hazardous one that the defendant itself created.
DiPietro v. Dimensional Technology Group, LLC
Connecticut Supreme Court
August 27, 2012
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