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Jay W. Preston, CSP, PE, CMIOSH, President and CEO

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Jay W. Preston, CEO

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C.A.A.L.A. CONVENTION ATTENDEES: See my comments on the facts of the Mock Trial (Click).


On August 23, 2000, a decision came down in California.  This was rendered in a case, Richard Ortega v. K-MART.  This case has been cited as 00 cdos 7049.

This case is likely to be reviewed by the Supreme Court, but it may yet set an important precedent.  

My understanding is that this new case establishes a new doctrine.  If there is no inspection program in place, notice of a defective condition can be imputed to a defendant by simply showing the absence of an inspection program.

This is a significant change from the old Biltmore Garage standard of the late 1960's.  Biltmore said, essentially, that a lack of notice could not be asserted as a defense if there was no inspection program.

I have long been an advocate of inspection programs for safety and accident prevention

bulletIf your firm does not have an inspection program in force, I can assist you in establishing one.  In litigation, I can assist you in establishing the presence or absence of a safety inspection program among litigants.


Copyright 2000 - 2011, Jay W. Preston.  Distribution permission granted when this notice is printed in full.  For questions or comments: contact  The J-P, Plus Design and SAFETYBIZ. are registered service marks of Jay William Preston. Permission for use of specific Safety Subject Information is only granted when this notice is printed in full and Preston has been contacted by phone, fax, or email prior to use.