Free Case Review Text us

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

What is Constructive Knowledge?

Frequently Asked Questions - What is Constructive Knowledge?

There are multiple knowledge definitions: actual knowledge, constructive knowledge, imputed knowledge and seller’s knowledge.  Fundamentally, knowledge definitions are utilized to outline whose knowledge matters in order to determine whether one of the knowledge qualifications have been breached and who is liable for said breach.  These knowledge definitions are also used in court to clarify whose knowledge can be imputed. 

Actual knowledge and constructive knowledge are important legal concepts often used in tort law as these differing types of knowledge have an extensive effect when determining liability.   

Actual knowledge is just as it sounds – when someone actually knows something.  Actual knowledge is used to directly and clearly prove liability as the guilty party would have the relevant information in question and there is no uncertainty in the matter.    

The key variation in the next knowledge type is simply – presumption. 

Constructive knowledge references knowledge that a party is presumed to have regardless of whether they do or not.  Constructive knowledge may still be basis for liability.  One would be considered to have constructive knowledge if the knowledge is something that they could reasonably be expected to know.  It is attributed by law to a given party as knowledge that would be attainable by the exercise of reasonable care.  Constructive knowledge is when someone is legally presumed to know something because they should have known it.  A court may often find that a person has constructive knowledge of a certain condition, even if they lacked actual knowledge. 

When stated like that, the difference between actual knowledge and constructive knowledge is simple enough to comprehend but let us now go through some examples to help further illustrate their real-life applications. 

Say a property owner knew he had rotting floors because he recently had a flooring company come out to his house and provide him with an estimate for the repair work.  Now, that same property owner decided to host a party regardless of his dangerously rotting floors and one of his guests was injured when the floor collapsed beneath them.  The property owner would be liable for any injuries sustained as the owner had actual knowledge of a hazardous condition on the property and failed to protect the guests.  The owner is duty bound to take steps to warn and to protect the guests from the danger on the property. 

Now, on the other end, let us imagine that a patron slipped and fell in a grocery store in a puddle of water and, as a result, sustained injuries.  On the video surveillance tape, we observe that something was spilled on the floor.  Then, after five more hours of footage, we see the puddle is still on the floor.  So, five hours went by without the dangerous condition being cleaned up by the store’s employees.  The owner would be liable for the patron’s injuries as they would be found to have constructive knowledge.  Even if the actual owner of the store or its employees had no actual knowledge of that particular spill, a jury will likely determine that the store owner had constructive knowledge of the spill as the store would be presumed to have such knowledge by exercising their fundamental duty – maintaining a reasonably safe environment.  In short, they should have had knowledge of the dangerous condition and are thus liable.  So, they would be deemed to have constructively known of the puddle of water even though they might have not actually known of it.  Their obligation in regards to that hazardous puddle of water would be the same as if they actually knew of it.

Another example of constructive knowledge would be if a safety audit was conducted.  An employer may not necessarily be aware of such information, but since the company is in possession of such information, there is a legal responsibility that comes with that information or “knowledge”.  So, if an injury occurs and the case is brought to court to argue liability, it would definitely come into question whether the employer had constructive knowledge of the dangerous condition that caused the injury and could, and should, have prevented.  It is not a defense for the employer to simply state that they did not knowledge of particular processes that were occurring which led up to the injury.  It is the responsibility of the owner to know.  They will likely be deemed to have constructive knowledge – they ought to have known through ordinary diligence.

Another example of constructive knowledge is geared toward product liability.  If a manufacturer knows that young children might have access to their potentially dangerous product, then they have a duty to warn the public of the danger as they have an obligation to make it safe for all users.  For instance, if a piece of furniture has great potential to tip over, this could be extremely harmful for a toddler who might be attempting to climb it or if simply weight was distributed unevenly.  The company would need to warn the public of this extremely dangerous tipping hazard.  Often times, they will also provide an adequate safety solution, i.e. straps to bolt the dresser to the wall stud. 

The issue of determining whether there was constructive knowledge of something is quite often submitted to a jury for a decision in order to ascertain negligence and liability.  It is presented to establish that although the defendant may not have had actual knowledge of the dangerous condition, they are still liable as they should have had knowledge of the dangerous condition.  In Florida, property owners are held at a very high standard when it comes to maintaining their premises in a safe manner for all.  Simply arguing that they did not know about the dangerous condition is not an adequate defense.  They are required to know of any dangerous conditions, warn its patrons of the hazard and fix the problem immediately.  And constructive knowledge keeps them from escaping liability because if they would have made the proper inquiries and had sufficient safety policies and procedures in place, then the dangerous condition would have been discovered timely and, therefore, they could have avoided any injuries. 

Free Case Review Text us
Personal Injury Attorneys
Committed to Your Personal & Financial Recovery

Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you cannot travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

Orlando Personal Injury Attorneys
After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.
Personal Injury Attorneys
Serious Representation
We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
Personal Injury Lawyer
Unmatched Case Results
Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
Car Accident Lawyers
Committed to Our Clients
It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
Orlando Car Accident Lawyer
Compassionate In & Out of Court
Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.
Pursuing Client Victories

Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

Free Case Review Text us

 Send Message
* The following info is required
 Our Locations
Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801

Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602

Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108

Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912

Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

Contact Info
250 N Orange Ave, 14th Floor
Orlando, FL 32801
(407) 300-0000

Our law firm fights aggressively -- always determined to win your case. 

Trial Pro, P.A. Car Accident Attorneys
Trial Pro, P.A.

The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.