Passage Of Time Not Enough To Demonstrate Constructive Notice Of A Dangerous Condition Of Public Property.

After a man tripped and fell on the protruding base of a post on public property, he filed an action against a city. The trial court granted summary judgment in favor of the city after finding the city lacked constructive notice of a dangerous condition. On appeal, plaintiff contended that based solely on the length of time the condition was present, the city had constructive notice. The appellate court affirmed, noting that plaintiff “failed to present any evidence that the condition was obvious such that the City, in the exercise of due care, should have become aware of it, his claim must fail as a matter of law, notwithstanding his evidence that the condition was present for over one year before his accident. (Government Code section 835.2, subdivision (b).)” (Heskel v. City of San Diego (Cal. App. Fourth Dist., Div. 1; June 23, 2014) 227 Cal.App.4th 313, [173 Cal.Rptr.3d 768].)