3.9-13 Constructive Notice
Revised to January 1, 2008
In order for the plaintiff to recover
in the absence of proof that the defendant created the condition or actually
knew of it, the plaintiff must prove that the defendant had constructive
notice. That means that the defendant, using reasonable care, should have known
of the unsafe condition in time to have taken steps to correct the condition or
to take other suitable precautions.
You may consider whether the defendant
inspected the premises on a reasonable basis or in a reasonable way in
determining whether the defendant should have known of the unsafe condition.
You may consider the length of time the condition had existed in determining
whether the defendant should have known of the condition had the defendant used