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Phone: 702-405-6000
Jones Wilson, LLP
Call: 702-405-6000
Toll Free: 866-299-0558

Why "Actual" or "Constructive" Notice Matters In Your Slip and Fall Case

Hazardous crack in sidewalkIn order to obtain compensation for your injuries after a slip and fall accident, you must prove your case. You must show that the business or property owner created a dangerous condition that caused your slip and fall or that he knew or should have known of the condition and the danger it posed. Crucial to your case is proving that the owner had notice of the defect or dangerous condition.

What Is Actual or Constructive Notice in a Slip and Fall Case?

You can prove notice in a slip and fall case by showing the owner had actual or constructive notice of the defect or dangerous condition. Here’s what this means to your case:

  • Actual notice. Actual notice means what it says. The owner knew of the defect or dangerous condition. Unfortunately, it is difficult for victims to prove actual notice because owners and their employees do not routinely admit this. Unless there is a surveillance tape, witness statement, or evidence of a prior accident, you may have difficulty proving this.
  • Constructive notice. Because actual notice is often so difficult to prove, victims of slip and fall accidents often argue that the owner had constructive notice of the condition. Constructive notice is the “should have known” part of the owner’s duty to you. Often, circumstantial evidence, such as that the owner did not inspect the property a sufficient number of times, is used to prove constructive notice.

Certain Factors Influence Whether you Can Prove Constructive Notice, Including:

  • The amount of time the dangerous condition existed on the property before your accident
  • Where the dangerous condition is on the property
  • What type of dangerous condition it is
  • Whether the dangerous condition has occurred regularly in the past

You must prove actual or constructive notice to win your slip and fall case. You need an experienced slip and fall accident attorney on your side to do this. Fill out our online form to schedule a free, no-obligation consultation with one of the attorneys on our slip and fall team.