Constructive Notice
The owner of property has constructive notice of a dangerous condition on the property when that condition existed for a sufficient length of time prior to the accident such that he or she had time to discover and correct it.
- Example : The front mat in Lou’s Diner became folded up on itself, creating a tripping hazard, on Monday. On Wednesday, Jack entered the diner to have lunch, tripped on the folded up mat, and broke his arm. Lou’s Diner had constructive notice of the dangerous mat condition since it existed for a long enough period of time to allow someone to discover and fix it.
