Thursday, October 6, 2016

A trivial defect is nonactionable.

Practice point:  The height differential between the marble step and the bull-nosing on which plaintiff caught her heel, causing her to fall, was one-eighth to one-quarter of an inch. This defect, as a matter of law, did not constitute a trap or nuisance, nor were the intrinsic characteristics or the surrounding circumstances such that they magnified the danger posed by this otherwise insignificant defect. So, this defect was trivial as a matter of law, and, as a result, nonactionable.

Case:  Atkinson v. Key Real Estate Assoc., LLC, NY Slip Op 06160 (1st Dep't September 27, 2016)

Here is the decision.

Tomorrow's issue:  Wheel stops and the risk of harm.