In Charleston slip and fall cases, notice is when a person has to prove that the property owner either knew or should have known that the hazard exists. A person has to prove that they were on notice that a hazard existed before the claimant got injured.
If they do not have notice that there was a hazard, or they did not know or they could not have known, that there was a hazard, then a person does not have a case. To best understand the role of notice in your Charleston slip and fall case, it is important to consult with an experienced Charleston slip and fall lawyer as soon as possible.
Regular vs. Constructive Notice
In Charleston slip and fall cases, regular notice is when the property owner actually knew of the hazard and constructive notice is when they should have known of the hazard. To imply that a person “should have known” simply means that if a person does not know about it, they have not been inspecting their premises.
Constructive notice would encompass a situation where a person may truly not know or have knowledge of the hazard, but if they had conducted a basic inspection of the premises, the hazard would have easily been revealed.
Regular notice is when the person knew about it. Constructive notice is when the person should have known about it.
Impact on a Case
Notice is one of the crucial and primary elements of the cause of action for a slip and fall case. If a person does not either have notice or constructive notice in a Charleston slip and fall claim, then the person does not have a case.
A person does have to prove that the property owner knew about it and that is regular notice or a person has to prove that the property owner should have known about it which is constructive notice. If a person cannot prove that they knew about it, or if a person cannot prove that they should have known about it, then the person does not have a case.
Benefit of an Attorney
Having the assistance of an experienced attorney can prove invaluable when determining notice in a Charleston slip and fall case. One of the first things that an attorney will look for in a slip and fall case is whether or not there is a hazard.
If an injured person does not know why they fell, then that is not a case. If the person does know why they fell, then the attorney needs to establish that it was a hazard and then look for evidence that the owner of the property either knew or should have known that there was a hazard. They also must determine if the owner either failed to warn of the hazard or removed it.
A knowledgeable lawyer can help an individual understand whether regular or constructive notice may play a part of their slip and fall case, and how it can be used to help recover potential compensation.