If the plaintiff (injured party) can establish that the defendant actually knew of the dangerous condition, "notice" can be easily shown as "actual." Actual Notice can be established by circumstantial evidence in many cases, when the defendant's actions are consistent with knowledge of the hazard, or hazardous condition. For example, attempted but incomplete or unsatisfactory repairs readily show notice. Any evidence of the defendant's direct or actual knowledge is a question of fact for the jury. Actual notice can be imputed to an employer or landowner through the acts of agents or employees Hatfield v. Levy Bros; 18 Cal. 2d 798, 117 P.2d 841 (1941).
Awareness of a physical condition, or its mere existence, may not be enough to establish notice. However, if the condition is such that a reasonable person would recognize the danger, then actual notice can be established--even though the defendant did not actually recognize or appreciate the hazard.
Mark C. Blane is a San Diego Slip and Fall Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premise Liability Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.