Torts/Personal Injury
Aug. 31, 2023
Proving constructive notice against a retail store in a premises liability case
Most premises cases deal with constructive instead of actual notice, due to a lack of evidence showing a defendant’s actual knowledge or creation of the unsafe condition. Here are the basics of gathering evidence to prove constructive notice against a retail store in a premises liability case.
Notice, that is proving a defendant knew (“actual”) or through the exercise of reasonable care should have known about an unsafe condition (“constructive”) on a property is a required element in any premises liability case. Judicial Council of California Civil Jury Instructions (CACI) 1003. Often, it’s also the most difficult to prove.
Most premises cases d...
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