Tort Terms

Brien Roche

Knowledge is knowing something. It is broken into two categories for legal purposes: constructive and actual. These are important concepts in tort actions. Actual knowledge is actually knowing something. I may actually know of a hole in my driveway. It may be a hazard but may not be readily visible. If I actually know that then I am duty bound to take steps to warn of that danger or protect people from it.

Constructive Knowledge

I constructively know something if it is something that I could reasonably be expected to know. If a contractor that I hired dug that hole in my driveway then I will be deemed to constructively know of the hole. This is true even though I may not actually know of it. My obligation in regards to that hole may be the same as if I actually knew of it.

Constructive Knowledge May Be Basis For Liability

If a puddle of water remains on the shopping center floor for hours the proprietor may have constructive awareness of that. If there is no evidence as to how long the puddle had been on the floor then there is no evidence of the owner constructively knowing that. Therefore there is no constructive knowledge in that instance. The issue of whether there is constructive knowing is frequently an issue that is submitted to the jury for decision.
If a manufacturer has reason to believe that young children will have access to their potentially dangerous product then they have a duty to warn of such danger. That is they constructively know of the danger. Based on that they may also have a duty to make it safe for all users.
For more info on this and other related personal injury issues see the other pages on this site.
For more info about this see the pages on Wikipedia.