3.9-11 Notice and/or
Revised to January 1, 2008
A plaintiff who alleges that (he/she)
suffered injuries resulting from a defective premises must prove two other
items: first, that the defendant was in control of the premises; and second,
that the defendant had notice of the defect.
In this case, the defendant has
admitted that the defendant was in control of the premises, so you must take
that to be true.
As to the issue of notice, the
defendant admits that (he/she/it) knew of the existence of the condition that
the plaintiff alleges was a defect, so you must take that to be true.
What is at issue is <summarize the
issue, e.g., the status of the plaintiff and the duty of care owed by the
defendant, whether the condition constitutes a defect, whether or to what extent
the plaintiff was injured in this incident, etc.>