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3.9-15 Notice of Specific Defect
Revised to January 1, 2008
The notice to the defendant must be of
the specific defect or unsafe condition that the plaintiff claims caused the
injury. It is not enough that the plaintiff prove the existence of certain
conditions that would likely produce such a defect, even if such conditions did
in fact produce the defect. Our law requires that the notice, whether actual or
constructive, be of the very defect that resulted in the plaintiff's injury.
Authority
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