Legal Question in Personal Injury in California
Trivial defect
This concerns a landlord's liabilty for a rise or crack in a sidewalk which may pose a trip hazard. What is the general height limitation for the rise to be considered a ''trivial defect'' in California?
1 Answer from Attorneys
Re: Trivial defect
Sidewalk trip and fall cases in CA come in 2 varieties: against property owners (negligence) and, more often, against municipalities (dangerous condition of public property). Generally "trivial" has been held to be 1 1/2 inches or less, although this is based on case law which varies according to the circumstances. An interesting tidbit here is that some types of trees (e.g. ficus) have "drought expansion" of roots when not watered (thus lifting part of the sidewalk). Remember, lawsuits against CA public entities have claim filing requirements and short time deadlines - see a lawyer right away.