Where, as here, an object capable of deteriorating is concealed from view, a property owner's duty of reasonable care entails periodic inspection of the area of potential defect... If no such “program ...

In Organizacion Comunidad de Alviso v. City of San Jose, the Sixth Appellate District held that the relation back doctrine was inapplicable where a plaintiff received constructive notice of a ...

Today’s “pay attention” edition begins with a quiz. What is the most important thing to read carefully: a. Speed limit sign in small-town (insert name of Southern state). b. Itinerary for that dream ...

The notion of ‘constructive notice’ comes from US trademark law and is found under Paragraph 1072 of the Lanham Act, 15 USCA. Under US law, registration of a trademark on the USPTO principal register ...

Aside from real estate, the notice issue often comes up in fiduciary litigation – suing executors, trustees, agents and the like. It is a fair question to which the law gives an unfair answer. Under ...

The court ultimately concluded that the communications in question as revealed in the record were not sufficient to satisfy the notice requirements of the act, thereby reversing the underlying ...

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In order to establish a prima facie case of liability arising out of a defective premises condition, a plaintiff must ...