Property owners in New York have a duty to keep their properties free from tripping hazards that pose a risk to lawful visitors. When a property owner fails to fulfill this responsibility, and someone gets injured as a result, the injured person may be entitled to sue for compensation. However, the property owner may not be liable if the hazardous condition was a “trivial defect”: something insignificant that usually poses no risk of injury.
What Is the Trivial Defect Doctrine in New York?
If you have been injured on someone else’s property due to an unsafe condition, you need to understand what amounts to a “trivial defect” in trip and fall cases in New York.
Under New York’s trivial defect doctrine, a property owner can avoid liability for a trip-and-fall accident victim’s injuries by showing the plaintiff tripped on a defect so minor it did not pose an unreasonable tripping hazard.
Where Do Trivial Defect Disputes Commonly Arise in New York City?
Defendants in trip and fall cases may raise trivial defect defenses for accidents occurring on private property, commercial property, and public property under circumstances such as:
- Accidents on sidewalks with slightly uneven joints
- Trips and falls at store entrances with slightly damaged or worn doormats or slightly raised thresholds
- Buildings with chipped or cracked floor tiles
- Parking lots or garages with slightly cracked pavement or small amounts of debris
An experienced attorney who has handled New York premises liability cases will know what evidence is needed to overcome a trivial defect defense.
How New York Courts Decide Whether a Defect Is Trivial
New York courts decide on a case-by-case basis whether a hazardous condition is trivial. This fact-specific determination is usually made by the jury. Courts and juries may consider various details of an alleged property defect to determine if it qualifies as a minor defect under New York law, such as:
- The dimensions of a defect or the change in elevation it causes
- The location of the defect
- The defect’s appearance, including whether it stands out from its surroundings
- The surrounding lighting and the defect’s visibility
- The circumstances at the time the slip-and-fall accident happened, including traffic, distractions, or weather conditions
- The likelihood that a reasonable person would need to step on or near the defect, leading to the injury caused
When a Small Defect Can Still Lead to a Claim
Even a minor defect under New York law can pose an unreasonable risk of an accident under certain circumstances. Small defects can still support liability in trip-and-fall accidents when circumstances at the time the accident happened increased the hazard posed by the defect. For example, environmental factors like heavy traffic can divide pedestrians’ attention, making them more likely to miss a small hazard. Poor lighting, paint, and other factors can also make a small defect harder to see, even for someone watching their step. Other conditions can make a small defect more dangerous, such as snow and ice.
Some Common Defenses in Trivial Defect Cases
A person injured in a trip and fall accident may fight back against a property owner’s trivial defect defense by asserting arguments such as:
- The conditions increased the hazard of the defect.
- The defect had previously caused accidents, so the property owner should have known about the trip hazard.
- The plaintiff exercised reasonable care. A plaintiff may challenge a trivial defect defense in New York trip-and-fall cases by asserting that they exercised reasonable care in attempting to traverse a property defect, yet still tripped, slipped, and fell.
What is the Difference Between a Trivial Defect and a Trap-Like Defect?
Trip-and-fall cases may involve trivial defects and trap defects. While a trivial defect refers to a hazard so minor that it does not pose a substantial risk of an accident, a “trap-like” defect may refer to a hidden or disguised hazard that a reasonable person would not perceive as a dangerous condition. For example, a trap-like defect may occur when color, position, and lighting create a visual effect that conceals a hazard from a pedestrian’s view or makes it seem harmless.
How Does Lighting Affect Trivial Defect Arguments in NY Courts?
Surrounding lighting often plays a significant role in resolving trivial defect claims. Inadequate lighting can increase a hazard’s danger by making it harder for someone to notice the defect or appreciate the injury risk it poses. As a result, a defect that might seem trivial in ideal conditions can become dangerous under poor lighting.
What Evidence Helps Prove That the Defect Was Not Trivial
Examples of evidence that trip and fall victims might use to overcome a property owner’s trivial defect defense include:
- Photographs and documented measurements of the defect
- Documentation of surrounding lighting and visual obstructions
- Documentation of other environmental factors, such as traffic or weather conditions
- Witness statements
- Prior incident reports involving the same defect
- Maintenance and repair records
- Surveillance footage
Why the Trivial Defect Doctrine Matters in New York Trip-and-Fall Cases
A trivial defect defense could negatively affect your ability as a trip-and-fall accident victim to recover just compensation for the harm and losses you’ve suffered after a fall on someone else’s property.
Even if you sustained serious injuries, a property owner might avoid liability for those injuries by successfully asserting a trivial defect defense.
How a New York Trip-and-Fall Lawyer Can Help
A New York premises liability attorney can help you pursue a trip-and-fall case by:
- Investigating the accident to secure critical evidence to establish liability, such as photos and measurements of the hazard, surveillance video, witness statements, incident reports, and maintenance records
- Working with engineering and safety experts to develop arguments to show the dangerous nature of the defect under the conditions at the time of the accident
- Gathering records of injuries and losses to highlight the seriousness of the harm caused by the accident
- Vigorously advocating in court to persuade a jury or judge to reject a trivial defect defense
Contact a New York Trip-and-Fall Lawyer Today
If you were injured in a slip-and-fall accident on someone else’s property, you need an experienced New York attorney who understands the complexities of premises liability cases and knows how to overcome a trivial defect defense. Protect your right to pursue compensation by having trusted legal representation.
Contact David Resnick & Associates today for a free consultation with a knowledgeable New York trip-and-fall attorney. Since David Resnick founded the law firm in 1998, it has recovered over $180 million in verdicts and settlements for clients throughout New York City and Long Island, including cases involving slip-and-fall and other premises liability matters.
