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- The simple answer is no. For a homeowner, property owner or controller to be held responsible, they must have either actual or constructive notice of a defect existing on the property
- Actual notice is when the owner knows about it and does nothing to remedy the situation or to warn you of the situation
- Constructive notice is where an owner or controller of property could have, with reasonable care, determined that there was a dangerous condition on the property
- This is the case where there is a failure to inspect, which is deemed notice as well.
- Either actual notice or constructive notice will suffice in order to present a claim for any injuries sustained on a homeowners property for dangerous conditions.
- However, make sure that you are able to demonstrate notice, which is almost the first thing that has to be demonstrated in order to prove negligence
- You should consult an attorney who is familiar with personal injury matters and claims against homeowners and controllers of property