In order to prevail in a slip and fall case, the defendant must have either created the defective condition or had actual or constructive notice of it. Actual notice of the condition means the defendant has direct knowledge of the defective condition. This may be through written notice or prior complaints about the condition. Constructive notice means that the defective condition has existed for a sufficient period of time that the defendant could or should have been aware of it.
The amount of time that will constitute a sufficient period of time for constructive notice depends on the type of defective condition that caused a fall. A slip and fall on ice or snowy conditions in a parking lot, or on a sidewalk, for example, may only exist for a relatively short period of time and still constitute constructive notice. A premises owner should be regularly monitoring or aware of potentially slippery  conditions existing in a parking lot or sidewalk during the winter months.
It is also important to know that if a fall occurs on land owned or maintained by a municipality, there may be a prior written notice requirement. In other words, in order to proceed with litigation for a slip and fall injury when the defendant is in certain towns, villages or cities — there must be prior written notice to the appropriate person or department within the municipality of that particular defect.
An experienced personal injury attorney can help guide you through this process, and help determine the type of notice required in a particular case and whether that notice existed at the time of your fall. Â At Maynard, O’Connor, we routinely help slip, trip and fall victims of all manner, to ensure that our clients receive the compensation they deserve. If you have been injured, please contact us, and allow us to help you.
