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3.9-13  Constructive Notice - Invitee

Revised to January 1, 2008 (modified May 12, 2014)

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.

You may 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.

Authority

Warren v. Stancliff, 157 Conn. 216, 219 (1968); Cruz v. Drezek, 175 Conn. 230, 234-35 (1978).
 


 

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