Trivial defect doctrine A defense in New York injury law holding that some sidewalk irregularities are too minor to be actionable, so a property owner is not liable for falls they cause.
New York courts refuse to set a fixed measurement for triviality; instead they weigh the defect's dimensions along with its appearance, location, lighting, and the circumstances of the fall. A shallow, gradual height difference on an open stretch may be trivial, while the same measurement at a shadowed doorway with a jagged edge may not be. For NYC owners this doctrine is a possible defense, not a repair standard, because DOT can still issue a violation for defects a court might call trivial. Repairing early avoids testing the doctrine in litigation.
Frequently Asked Questions About Trivial defect doctrine
What is the trivial defect doctrine?
A defense in New York injury law holding that some sidewalk irregularities are too minor to be actionable, so the responsible owner is not liable for a fall they cause.
Is there a height limit that makes a defect trivial?
No. New York courts have refused to set a fixed measurement. They weigh the defect's width, depth, elevation and irregularity together with its location, lighting and the circumstances of the fall.
Can a small defect still be actionable?
Yes. The same height difference can be trivial on an open stretch and actionable at a shadowed doorway or where the edge is jagged and traps a shoe.
Does trivial mean DOT will ignore it?
No. DOT can still cite a defect under 19-152 that a court might later call trivial. The doctrine is a litigation defense, not a repair standard.