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3.9-12  Actual Notice of Condition

Revised to January 1, 2008

In order for the plaintiff to recover, the plaintiff must also prove that the defendant had actual notice, that is, actually knew of the unsafe condition long enough before the plaintiff's injury to have taken steps to correct the condition or to take other suitable precautions.

If the condition is one that was created by the defendant (or one of the defendant's employees), then that constitutes actual notice.

Authority

Zarembski v. Three Lakes, Park, Inc., 177 Conn. 603 (1979); Tuite v. Stop & Shop Cos., 45 Conn. App. 305, 308 (1997).
 


 

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