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.