Should a State Have Actual or Constructive Notice of a Defect or Dangerous Condition Which Has Allegedly Caused Injury to a Person ?
In Commonwealth, Department of Transportation v. Patton, 546 Pa. 562, 686 A.2d 1302 (1997), our Supreme Court held that a Commonwealth agency must have actual or constructive notice of the alleged defect or dangerous condition, when a plaintiff alleges that such defect or dangerous condition in real estate caused his injury. Id. at 565, 686 A.2d at 1304.
The Supreme Court explained:
This requirement of notice is well established in the common law of this Commonwealth and, if any relevant section of the Restatement (Second) of Torts does not incorporate the requirement, we will interpret it as requiring notice, if possible, or we must conclude that it does not comport with Pennsylvania Law. Id. at 567, 686 A.2d at 1305.