What is the difference between actual and constructive knowledge of a dangerous condition?
Actual knowledge and constructive knowledge are two different types of knowledge when it comes to slip and fall law in Washington. Actual knowledge is when the property owner or occupier had direct knowledge of the dangerous condition. This is when the property owner or occupier was informed of the condition either through a warning from a customer or employee, or by seeing the condition for themselves. Constructive knowledge, on the other hand, occurs when the property owner or occupier should have known about the condition, regardless of whether they were directly informed. This could be because of how long the condition has been present, or if the condition is so obvious that it should have been noticed. These two types of knowledge can be the determining factor in whether or not someone is liable for a slip and fall accident that occurred on their property or in their place of business. If there is evidence that the property owner or occupier had actual knowledge of the dangerous condition, then they could be held liable. But if the evidence shows that the property owner or occupier had constructive knowledge, then they may not be liable.
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