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3.9-11  Notice and/or Control Admitted

Revised to January 1, 2008

A plaintiff who alleges that (he/she) suffered injuries resulting from a defective premises must prove two other items: first, that the defendant was in control of the premises; and second, that the defendant had notice of the defect.

In this case, the defendant has admitted that the defendant was in control of the premises, so you must take that to be true.

As to the issue of notice, the defendant admits that (he/she/it) knew of the existence of the condition that the plaintiff alleges was a defect, so you must take that to be true.

What is at issue is <summarize the issue, e.g., the status of the plaintiff and the duty of care owed by the defendant, whether the condition constitutes a defect, whether or to what extent the plaintiff was injured in this incident, etc.>
 


 

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