Constructive notice concerns itself with what the defendant ought to have known, rather than what they knew. For example, the store in the example above needs to have procedures in place to inspect its property to be able to identify tripping and slipping hazards. If the store has no set procedure, or the procedure is inadequate for hazard prevention, then an argument can be made that they should have known about the condition. Also, the nature of the condition which caused the slip and fall can be important. For example, soda that spills and then becomes sticky and hard from being on the floor for too long is evidence that the defendant was not working with properly set inspection procedures. This, in turn, could result in their liability to you or your loved one. If you or a loved one were injured as a result of a slip and fall or trip and fall, call The Law Office of Greg Prosmushkin, P.C. Our Personal Injury Lawyers and staff will assist you with your claim, and help you obtain the best overall settlement or verdict possible. Not sure if you have a claim? Call the office for a free consultation. In addition to the proof issues that accompany the slip and fall case, the type of property in New Jersey is also crucial to a successful claim.