There are many important factors when it comes to determining fault in a slip and fall case. Determining that the owner had notice of the dangerous condition in Memphis slip and fall cases is one of the most vital elements in proving another person was at fault for the accident.
If you were hurt following a slip and fall, you should reach out to an experienced lawyer at the Law Office of David E. Gordon. One of our knowledgeable slip and fall attorneys can help investigate the incident to find out what type of notice existed, if any, and decide whether or not you have a right to pursue a claim.
Types of Notice
After an accident resulting in an injury, determining notice is essential in proving fault and the negligence of the property owner or manager. There are two main types of notice in Memphis slip and fall cases:
Actual Notice
Actual notice means that the owner of the property was informed in a direct way as to the dangerous condition. Actual notice could be the report of an employee or a tenant alerting management of a dangerous condition on the property. This notice could be in the form of an email, a verbal conversation, or other various means of communication. Actual notice simply means that the owner or manager of the property was directly made aware of the unsafe situation and the potential harm it could cause.
Constructive Notice
Constructive notice, on the other hand, means that the manager or owner of the property knew about the dangerous condition even though there is no evidence of direct communication to that effect. An example of constructive notice would be a parking lot in disrepair. It is possible that no employee or customer ever complained of the parking lot directly to management. Nevertheless, it is obvious from the mere condition of the parking lot that the owner or operator should have been aware of the unsafe situation.
Notice Regarding Criminal Conduct
To hold a landowner responsible for criminal conduct that occurs on their property, the victim of the crime must prove that the owner knew or should have known of the likelihood of criminal activity. This is a high legal hurdle for the victim. If the victim can show that a particular company or apartment has suffered a rash of violent crime in the previous year or two, but yet has no security, then the victim of the crime would be able to make a valid claim.
How Does the Nature of Notice Impact the Slip and Fall Claim?
Notice is a vital element of every slip and fall case. The injured person must be able to demonstrate that the owner or manager of the property knew or should have known of the dangerous condition and did not remedy it.
If, for example, a person slips on a wet floor in a grocery store aisle, it will be difficult to prove that the store management was aware of the spill and did nothing to remove it. Perhaps the spill is the result of another customer who spilled their drink a few minutes before the fall. This would not be enough time for the store manager to have notice of the situation.
In most instances, if the injury from such a fall is severe, then it is possible to get the surveillance video from the store to determine when the spill occurred, and thus, how long it had been on the floor. If it turns out that the spill had been on the floor a great length of time, then the injured person could allege that the manager of the store should have known about the spill. This type of situation would be considered constructive notice.
Cases like this are significantly more challenging to win because it is so difficult to prove notice to the owner or manager. In these situations, it may be beneficial to consult with an experienced slip and fall attorney who understands the intricacies of the law and can help an injured individual make a strong case.
Schedule a Consultation with a Memphis Attorney to Discuss Notice in a Slip and Fall Case
Whether or not a business owner or manager was aware of a hazardous condition prior to your accident is crucial to your claim. Notice in Memphis slip and fall cases could be the difference between receiving compensation for your losses or ending up with nothing.
A lawyer from the Law Office of David E. Gordon can help. David can examine all of the available evidence to determine whether the owner or operator had any kind of notice of a safety risk on their property. Reach out today to schedule your free consultation.
