What is the difference between actual and constructive knowledge of a dangerous condition?

Actual knowledge of a dangerous condition occurs when a person is aware of the specific danger. This means they know that a certain area has a potentially hazardous condition or has had a hazardous condition in the past. Constructive knowledge of a dangerous condition occurs when the person should have known about the danger due to their occupation or if they have a duty to inspect a certain area. In Massachusetts Slip and Fall Law, actual and constructive knowledge plays an important role in determining liability. To be held liable for an injury, a property owner must possess either actual or constructive knowledge of a dangerous condition. For instance, if a property owner has actual knowledge of a slippery floor, they can be held liable for any resulting injuries. On the other hand, if a property owner should have known about the slippery floor due to their or their employees’ duty to regularly inspect the premises, they can be held liable for the injuries. For both actual and constructive knowledge, the property owner must have had knowledge of the hazardous condition prior to the injury occurring. In order to hold a property owner liable in a slip and fall accident, it must be proven that they knew or should have known about the dangerous condition.

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What is the difference between actual and constructive knowledge of a dangerous condition?

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