Does a Homeowner need Prior Notice of the Defect in order to be Responsible for a Personal Injury?

  • 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