Sometimes a property owner should have discovered a dangerous condition before someone was injured. If not compensation can likely be recovered. What does “constructive notice” mean?
You slip and fall on a slick spot in a store. You break your ankle. You have to miss a few weeks of work.
Can you file a successful claim against the store?
Notice we didn’t say the situation happened because of an employee who mopped a spot and forgot to put a sign or warning cone up.
Should the store owner have discovered the dangerous condition before your fall? Should they have warned you of the dangerous condition or eliminated same prior to your fall?
To win a claim or case like this, you will need to demonstrate the store knew about the dangerous condition (actual knowledge) or that they should have known about the dangerous condition (constructive knowledge).
Contrast these two examples: If the situation happened as described […]