Slip, Trip and Fall Injury

Fishkill Injury Attorney Serving Myers Corner, Beacon, Lagrangeville and Nearby Areas of Hudson Valley


In trip and fall cases, defendant property owners will generally not be held liable where a trip is caused by a trivial defect which is in plain sight.  What exactly is a trivial defect and how does the court system decide motions to dismiss lawsuits based upon the trivial defect defense?  The following Second Department appeals court decision provides an explanation.

Tesoriero v Brinckerhoff Park, LLC

2015 NY Slip Op 01938

Decided on March 11, 2015

Appellate Division, Second Department


Slip, Trip and Fall Injury: Property owner liability for slip, trip an fall injuries is not absolute.  Property owners must be allowed a reasonable amount of time to remove hazardous conditions resulting from a storm.  However, the property owner cannot rely on the "storm in progress" regardless of the circumstances as the property owner found out in the case of Rijos v. Riverbay Corp., decided by the First Department appeals court on 4/2/13.