THERE WAS PRIOR KNOWLEDGE
Your personal injury attorney must also prove that the property owner had prior knowledge of the unsafe condition. This prior knowledge can either be what’s known as “actual” or “constructive” prior knowledge. When a property owner is told about the unsafe condition, this is considered “actual” prior knowledge. Their is clear proof that the property owner knew of the unsafe condition and neglected to remedy it nonetheless. When it’s likely that the property owner should have known about the unsafe condition, this is known as “constructive” prior knowledge. For example, if a property owner takes the same staircase every day and it is clear that it needs to be fixed, this would be considered “constructive” prior knowledge. If the unsafe condition had existed long enough and was visible, a personal injury attorney can make the claim that the property owner had “constructive” knowledge of the unsafe condition.