Section 12.19 Proof of Lack of Notice of Existence of Dangerous Condition or Defect

• Library: Evidence 2017

c. (§12.19) Proof of Lack of Notice of Existence of Dangerous Condition or Defect

The third exception to the general rule that absence of a similar happening is not admissible to prove negligence is that absence of a similar happening may be admitted as proof of lack of notice. Included below are examples of cases in which the court allowed evidence of the absence of a similar happening to be admitted to prove lack of notice:

· Carbin v. Nat’l Super Mkts., Inc., 823 S.W.2d 93 (Mo. App. E.D. 1991). The...