In some Buffalo premises liability lawsuits, the defense will argue that the defect that caused the injury was “trivial” and therefore not actionable. This may occur, for example, when someone trips over a slightly uneven sidewalk or in a small pothole.
Basically, the defense is arguing that the defect that caused the plaintiff’s injury was so minor that the defendant could not be expected to take action to repair it. There is, however, no set rules regarding what actually constitutes a trivial defect. The mere fact that a pothole in a parking is not very wide or not very deep does not, in itself, make the defect trivial. Instead, the court or the jury must look at the totality of the facts presented – including size, shape, and visibility of the defect – along with the time, place and circumstances of the injury.
Whether a defect is too trivial to make the defendant liable for the injury is generally a question for the jury to decide.
If you have been injured by tripping over a defect on someone’s property, we would be happy to help you. Please call us at 716-542-5444.
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