Constructive notice concerns
itself with what the defendant ought to have known, rather than what they knew.
For example, the store in the example above needs to have procedures in place
to inspect its property to be able to identify tripping and slipping hazards.
If the store has no set procedure, or the procedure is inadequate for hazard
prevention, then an argument can be made that they should have known about the
condition. Also, the nature of the condition which caused the slip and fall can
be important. For example, soda that spills and then becomes sticky and hard
from being on the floor for too long is evidence that the defendant was not
working with properly set inspection procedures. This, in turn, could result in
their liability to you or your loved one.
If you or a loved one were injured
as a result of a slip and fall or trip and fall, call The Law Office of Greg
Prosmushkin, P.C. Our Personal Injury Lawyers and staff will assist you with
your claim, and help you obtain the best overall settlement or verdict
possible. Not sure if you have a claim? Call the office for a free
consultation.