A common point of contention in slip-and-fall cases is whether or not the business owner had “constructive knowledge” of the hazard that injured the customer. Constructive knowledge is not the same thing as actual knowledge. In other words, let us say a customer slips on a puddle of water in the aisle of a supermarket. It is likely that the store’s management did not actually know there was a spill beforehand. But the store owner may still be legally liable if the customer can prove that management “should have known” there was a spill through the exercise of due diligence.
Put another way, if the store had no policy in place to regularly inspect the aisles for potential hazards–or the employees failed to follow such an inspection policy–that can be sufficient to prove “constructive knowledge” on the part of the owner.
Orr v. Macy’s Retail Holdings, Inc.