Landowner’s Constructive Notice of a Dangerous Condition

April 25, 2019 Posted in Articles Tagged in Personal Injury Share

In order for an Invitee or Licensee to recover for injuries sustained as a result of a dangerous condition on a Landowner’s property the invitee or licensee must show that the Landowner had notice of the dangerous condition. Notice can come in two forms: 1) Actual Notice; or 2) Constructive Notice. In this blog we will address constructive notice. Whether or not there is constructive notice of a harmful condition depends on the circumstances of each case, but one of the most important factors to be taken into consideration is the time elapsing between the origin of the defect or hazardous condition and the accident, and the relative durability of the defect comprises a related factor. If during the normal course of events/business the landowner would have discovered the dangerous condition that is enough to show constructive notice. However, if the condition only existed on the premise for a short period of time proving constructive notice becomes much more difficult.

An example of constructive notice may be the easiest way to understand its definition.  When something is spilled in a grocery store and the store does not maintain or clean the aisles of the store thereby allowing the spilled substance to exist for hours constructive notice would most likely be imputed on the store if someone is injured as a result of that spill.

Whether it be a slip and fall, trip and fall or some other type of injury occurring on a property, if you have questions about whether you are liable for an injury occurring on your property or have questions regarding an injury occurring on a property please contact a Bethlehem Injury Lawyer at The Law Offices of Edward J. McKarski for a free consultation.