May 2014 archive

The Trivial Defect Doctrine – How Municipalities Can Avoid Having Their Repair Criteria Used Against Them

By Caryn Siebert, Seymour B. Everett, and David L. Martin The trivial defect doctrine is one of the main weapons a city can use when defending against claims of dangerous conditions on public property. Under this doctrine, trivial defects that do not create a substantial risk of injury are not actionable. The underlying premise is …

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