Practice point: Injuries resulting from trivial defects are not actionable.
Practitioners should note that there is no 'minimal dimension test' or per se rule that, in order to be actionable, a defect must be of a certain height or depth. Instead, a court will consider the width, depth, elevation, irregularity and appearance of the defect, along with the time, place and circumstance of the injury.
Case: Berry v. Rocking Horse Ranch Corp., NY Slip Op 09342 (2d Dept. 2008)
The opinion is here.
