3.9-13 Constructive Notice -
Revised to January 1, 2008 (modified May
In order for
the plaintiff to recover in the absence of proof that the
defendant created the condition or actually knew of it, the
plaintiff must prove that the defendant had constructive notice.
That means that the defendant, using reasonable care, should
have known of the unsafe condition in time to have taken steps
to correct the condition or to take other suitable precautions.
consider whether the defendant inspected the premises on a
reasonable basis or in a reasonable way in determining whether
the defendant should have known of the unsafe condition.
You may consider the length of time the condition had existed in
determining whether the defendant should have known of the
condition had the defendant used reasonable care.
Warren v. Stancliff, 157 Conn.
216, 219 (1968); Cruz v. Drezek, 175 Conn. 230, 234-35