The So-Called “Trivial Defect” in Slip and Fall Cases in New York City

The So-Called “Trivial Defect” in Slip and Fall Cases in New York City

Greenstein & Pittari, LLP | NYC Slip and Fall Lawyers Serving Manhattan, Brooklyn, Queens, The Bronx, and Staten Island

If you were seriously injured in a slip and fall accident in New York City, you deserve to be taken seriously. Unfortunately, property owners and insurance companies often try to end cases early by calling the hazard that caused your fall a “trivial defect,” as if the danger and your injuries were minor. In New York, this defense can sometimes lead to dismissal even when injuries are severe. It is not automatic and is not based solely on measurements.

Could you talk with Greenstein & Pittari, LLP today? We offer free consultations and can help you understand whether the “trivial defect” defense really applies to your NYC slip and fall case.
Call: 1-800-VICTIM2 (1-800-842-8462)

Key Points for NYC Slip and Fall Cases

• New York property owners and managers generally must use reasonable care to keep premises safe for people who are legally there.
• There is no strict minimum height rule that decides a “trivial defect” case by itself.
• Courts look at surrounding circumstances, including lighting, location, visibility, crowding, surface condition, and how people usually walk through the area.
• Small defects can still be dangerous, especially in busy New York City environments.

What Is the “Trivial Defect” Doctrine in New York?

In a New York slip and fall or trip and fall case, the defense may argue that the condition was so physically insignificant that it should be considered non-actionable as a matter of law. If a judge agrees, the case can be dismissed before a jury hears it.

New York courts have repeatedly emphasized that triviality is fact-specific. The analysis can include:

• width, depth, and elevation change
• irregularity and appearance, including whether it is jagged, crumbling, or painted over
• lighting and visibility
• location, such as the middle of a walkway versus the edge of a stair
• time and circumstances, including crowds, distractions, and foot traffic patterns
• whether ordinary use would cause people to step where the defect is

The practical question is simple: Under these conditions, was the defect likely to create an unreasonable tripping hazard?

“Trivial” Is Not Just a Measurement in NYC

Defense lawyers often want your case to become a numbers argument. New York courts recognize that the environment can turn a minor defect into a serious hazard. This is especially true in New York City, where pedestrian traffic is heavy, and conditions change quickly.

Factors that can make a defect more dangerous include:

• dim lighting or shadows in hallways, stairwells, parking garages, or entrances
• busy lobbies, vestibules, and transit adjacent areas
• worn, uneven, or patched surfaces around the defect
• painted over protrusions that blend into stairs or flooring
• defects near the nosing of a step where foot placement changes during descent
• areas where pedestrians must split attention between vehicles, crowd flow, signage, or construction

Where Trivial Defect Disputes Commonly Arise in New York City

We often see trivial defect arguments raised in:

• NYC sidewalk defect cases and uneven joints between sidewalk slabs
• store entrances, including thresholds, mats, and raised transitions
• apartment building stairs and interior common areas
• parking lots and garages, including crumbling asphalt and patchwork repairs
• commercial properties with heavy foot traffic

No matter where your accident happened in Manhattan, Brooklyn, Queens, The Bronx, or Staten Island, the core question remains whether the condition was unreasonably dangerous under the circumstances.

Other Defenses Property Owners Use in NYC Slip and Fall Claims

Property owners and insurers often raise additional defenses in addition to a trivial defect.

Comparative Negligence

Defendants may claim you were distracted, texting, or not paying attention. In New York, comparative fault does not automatically end a case. You can still recover compensation even if you were partly at fault, although the amount may be reduced.

Open and Obvious Versus Inherently Dangerous

The defense may argue that the condition was open and obvious. Courts often look beyond the condition itself and consider whether it was inherently dangerous, meaning it posed a real risk of injury even when a person used the property carefully and as intended.

Evidence That Helps Fight the Trivial Defect Defense

NYC conditions change fast. Repairs happen – weather changes. Foot traffic wears surfaces down. Surveillance video may be overwritten.

Strong evidence often includes:

• clear photos and video taken immediately, including wide shots and close-ups
• measurements when possible, including ruler or tape measure photos
• documentation of lighting, including time of day, shadows, and broken fixtures
• witness names and contact information
• incident reports from a store, building staff, or management
• maintenance and repair records
• prompt requests for surveillance footage

If you can do so safely, please document the scene as soon as possible. Then speak with a lawyer before dealing with insurance adjusters.

Who Can Be Liable for a Slip and Fall in New York City?

Depending on the location and circumstances, liable parties may include:

• property owners and landlords
• building managers and maintenance companies
• commercial tenants, including stores and restaurants
• contractors responsible for repairs, cleaning, or snow removal

Some cases involve public entities and may include special procedures and shorter deadlines. If your fall involved a sidewalk, curb, or public property, it is essential to get legal advice quickly.

What Compensation Can Cover After a NYC Slip and Fall

A successful claim may seek compensation for:

• medical expenses and future care
• lost income and reduced earning capacity
• pain and suffering
• rehabilitation and mobility-related costs
• out-of-pocket expenses related to the injury

What to Do After a Slip and Fall Accident in New York City

• Get medical care immediately and document symptoms.
• Report the incident and request a copy of the report if available.
• Photograph the hazard and the surrounding area, including lighting, signage, and pedestrian traffic patterns.
• Get witness names and contact information.
• Preserve footwear and clothing.
• Do not give a recorded statement to an insurer before speaking with a lawyer.

Free consultation: 1-800-VICTIM2 (1-800-842-8462)

Why Choose Greenstein & Pittari, LLP

Choosing the right NYC slip and fall lawyer can make a meaningful difference, especially when the defense is trying to label your case “trivial.”

Clients choose Greenstein & Pittari, LLP because we offer:

• A local Harlem office for convenience and trust
• Seven convenient locations throughout New York, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• No fee unless we win, our Fee Guarantee
• Bilingual services available
• Hundreds of positive client reviews and testimonials
• We handle the insurance companies so you can focus on healing
• Top-rated, award-winning lawyers with recognition such as Best Lawyers and Super Lawyers

Our motto is “Don’t Be a Victim Twice.” If you were injured in a slip and fall in NYC and the property owner is calling the hazard a “trivial defect,” do not accept that conclusion without a legal review.

Call 1-800-VICTIM2 (1-800-842-8462). The call is free. The consultation is free. You do not pay us unless we are successful.

FAQ: Trivial Defect Slip and Fall Cases in New York City

1) What is the trivial defect doctrine in New York slip and fall law?

It is a defense argument that the hazard was so physically insignificant that it should not create legal liability, even if it caused a fall.

2) Is there a minimum height or depth that automatically makes a defect trivial in NYC?

No. New York courts do not use a strict minimum dimension test. Size matters, but courts also evaluate surrounding circumstances.

3) Can a minor defect still support a slip and fall lawsuit in New York City?

Yes. Minor defects can be actionable if lighting, location, surface condition, or pedestrian traffic patterns make them dangerous.

4) Why do insurance companies focus on measurements?

They often seek to have the case dismissed early. Courts frequently consider more than measurements, including visibility and how people usually walk in the area.

5) Can poor lighting make a defect more dangerous?

Yes. Lighting and visibility are significant factors, especially in stairwells, hallways, entrances, and parking garages.

6) What if the defect was painted over or blended into the floor?

That can matter because it can make the hazard harder to see and easier to misjudge.

7) Does the trivial defect doctrine apply only to NYC sidewalk cases?

No. It can apply to private properties too, including stores, apartment buildings, and interior stairs.

8) What if I fell on the stairs near the edge of a step?

Stair defects are often analyzed closely because foot placement varies while descending. Courts may consider whether ordinary stair use would bring a person into contact with the defect.

9) Do I need expert testimony to fight a trivial defect defense?

Not always, but experts can help explain walking patterns, stair use, visibility, and why a condition created a real tripping risk.

10) What evidence is most important for an NYC trivial defect case?

Photos and video from multiple angles, documentation of lighting, measurements when possible, witness information, incident reports, and repair or maintenance history.

11) What if I was distracted or looking at my phone?

New York follows comparative fault rules. You may still recover compensation, although the amount may be reduced.

12) How long do I have to file a slip and fall lawsuit in New York City?

Deadlines vary based on who is responsible for the property. Claims involving public entities may require faster notice. Could you speak with a lawyer as soon as possible?

13) What if the property owner says they had no notice of the defect?

Lack of notice is a common defense. Cases often focus on whether the condition existed long enough for reasonable inspections to have discovered it, or whether the owner created it.

14) How much is my NYC slip and fall case worth?

It depends on the liability, the severity of your injuries, your medical treatment needs, the time you missed from work, and how the injury affects your daily life.

15) What happens during a free consultation with Greenstein & Pittari, LLP?

Please share what happened, where it happened, and any injuries you sustained. We discuss evidence, next steps, and the defenses the other side may raise.

Talk to a New York City Slip and Fall Lawyer Today

If the property owner or insurer calls the hazard “trivial,” remember it is a defense strategy, not the final word. The details matter, and acting quickly can protect your claim.

Greenstein & Pittari, LLP
Free Consultation: 1-800-VICTIM2 (1-800-842-8462)
Serving: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island