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3.9-15  Notice of Specific Defect

Revised to January 1, 2008

The notice to the defendant must be of the specific defect or unsafe condition that the plaintiff claims caused the injury.  It is not enough that the plaintiff prove the existence of certain conditions that would likely produce such a defect, even if such conditions did in fact produce the defect.  Our law requires that the notice, whether actual or constructive, be of the very defect that resulted in the plaintiff's injury.

Authority

Kelly v. Stop & Shop, Inc., 281 Conn. 768, 776 (2007); Cruz v. Drezek, 175 Conn. 230, 234-35 (1978); White v. E & F Construction Co., 151 Conn. 110, 114 (1963).
 


 

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