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.

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