- If you fall in a store in New York, you must prove there was negligence.
- In order to prove negligence, you need to prove either actual notice or constructive notice.
- If you can prove that somebody actually told the store that there was a defect in the premises or that there was debris or whatever caused your injury, this is evidence of actual notice.
- Constructive notice means that the store should have known about the defect in the premises and didn’t because they didn’t take proper precautions, including patrolling or monitoring the premises or cleaning the premises on a regular basis.