Before [the State] [a political subdivision] may be found at fault, the Plaintiff must prove that the [State] [political subdivision] knew or should have known of the defective and unsafe condition of the [roadway] [sidewalk] [street] in question. The notice can be either express or constructive.

Express Notice

Express notice is notice actually communicated to the [State] [political subdivision] through its duly constituted officials.

Constructive Notice

Constructive notice is notice that the [State] [political subdivision] is deemed to have from the circumstances of the case. [The State] [A political subdivision] has constructive notice of such defective and unsafe condition of its [roadway] [sidewalks] [street] as it would have discovered by the exercise of ordinary care and diligence. The [State] [political subdivision] must maintain an active vigilance over its roadways, streets, and sidewalks to see that they are kept in a reasonably safe condition for public travel. The circumstances of each case determine whether the [State] [political subdivision] had constructive notice.

Whether the [State] [political subdivision] in this case had express or constructive notice of the alleged defective and unsafe condition of the [roadway] [sidewalk] [street] is a question of fact for you to decide in determining the issue of the fault of the [State] [political subdivision].

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