Tuesday, March 25, 2014

Liability for trivial defects.

Practice point:  A property owner may not be held liable for trivial defects, not constituting a trap or nuisance, over which a person might merely stumble, stub his or her toes, or trip. In determining whether a defect is trivial, the court must examine all of the facts presented, including the width, depth, elevation, irregularity and appearance of the defect along with the time, place and circumstance of the injury,.

Student note:  Photographs which fairly and accurately represent the accident site may be used to establish that a defect is trivial and, therefore, not actionable.

Case:  Abalo v. Santorelli, NY Slip Op 01701 (2d Dept. 2014).

Here is the decision.

Tomorrow's issue:  Labor Law 200 ad 241(6) claims.