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Questions and Answers
What factors does the court consider in determining whether a sidewalk condition is trivial as a matter of law?
What factors does the court consider in determining whether a sidewalk condition is trivial as a matter of law?
Can expert testimony be used to explain how the existence of another defect may increase the danger of the primary defect for foreseeable users of the sidewalk?
Can expert testimony be used to explain how the existence of another defect may increase the danger of the primary defect for foreseeable users of the sidewalk?
What impact can poor lighting and weather conditions have on the dangerousness of a sidewalk defect?
What impact can poor lighting and weather conditions have on the dangerousness of a sidewalk defect?
Is the absence of prior accidents at the same site dispositive in determining whether a sidewalk condition is dangerous?
Is the absence of prior accidents at the same site dispositive in determining whether a sidewalk condition is dangerous?
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Is a plaintiff's familiarity with the area where they tripped a proper factor for consideration within the trivial defect doctrine?
Is a plaintiff's familiarity with the area where they tripped a proper factor for consideration within the trivial defect doctrine?
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Can a condition's dangerousness be established even when the plaintiff did not use due care when encountering it?
Can a condition's dangerousness be established even when the plaintiff did not use due care when encountering it?
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Is the determination of whether a sidewalk condition was trivial as a matter of law a factual question that must be decided by a jury?
Is the determination of whether a sidewalk condition was trivial as a matter of law a factual question that must be decided by a jury?
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What did the California Court of Appeal identify as factors to consider in determining whether a sidewalk defect is trivial?
What did the California Court of Appeal identify as factors to consider in determining whether a sidewalk defect is trivial?
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Study Notes
Analysis of Trivial Defect Doctrine in California Sidewalk Tripping Case
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In a California sidewalk tripping case, the court must determine whether the sidewalk condition at issue was trivial as a matter of law, which would relieve the defendant city of liability.
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The court considers several factors in making this determination, including the depth, width, and length of the condition, as well as the location and nature of the defect.
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The court also considers whether any aggravating circumstances exist, such as a rough or jagged edge, or additional defects in close proximity to the primary defect.
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Expert testimony can be used to explain how the existence of another defect may increase the danger of the primary defect for foreseeable users of the sidewalk.
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The court must independently evaluate the evidence presented, including any expert testimony, and cannot rely solely on an expert's opinion to determine whether the condition was dangerous.
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Obstructions, such as debris or leaves, can obscure the full extent of a sidewalk defect, potentially increasing its danger for users.
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Poor lighting and weather conditions can also impact the dangerousness of a sidewalk defect.
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The absence of prior accidents at the same site is relevant to the determination of whether a condition is dangerous, but it is not dispositive.
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The particular plaintiff's familiarity with the area where they tripped is not a proper factor for consideration within the trivial defect doctrine.
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A condition's dangerousness is established by reference to its reasonably foreseeable use by reasonably careful users as a class, not the particularities of the plaintiff who was injured by the condition.
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A condition's dangerousness can be established even when the plaintiff did not use due care when encountering it.
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Ultimately, the determination of whether a sidewalk condition was trivial as a matter of law is a factual question that must be decided by a jury unless the evidence is so clear that reasonable minds could not differ.California Court of Appeal Rules on Triviality of Sidewalk Defects
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The California Court of Appeal ruled on the triviality of a sidewalk defect in a personal injury lawsuit.
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The plaintiff tripped and fell on a sidewalk with a height differential of one and three-quarter inches.
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The plaintiff argued that the sidewalk condition was dangerous and that the city was liable for his injuries.
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The trial court granted summary judgment in favor of the city, finding that the sidewalk condition was trivial as a matter of law.
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The Court of Appeal reversed the trial court's decision, finding that the question of whether the sidewalk condition was dangerous was a question for the jury.
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The Court of Appeal identified several factors to consider in determining whether a sidewalk defect is trivial, including the size, location, and visibility of the defect, as well as the likelihood of harm and the foreseeability of the harm.
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The Court of Appeal rejected the idea that a plaintiff's knowledge of the area should be a factor in determining triviality.
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The Court of Appeal distinguished several cases cited by the city that referred to a plaintiff's prior awareness of a sidewalk defect, but did not formally identify it as a factor to consider.
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The Court of Appeal found that evidence of widespread knowledge of a defect could inform the level of risk and resulting duty, but a sole plaintiff's singular knowledge of a defect cannot.
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The Court of Appeal found that the sidewalk defect in this case was not so trivial, minor, or insignificant that it must be held not dangerous as a matter of law.
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The Court of Appeal affirmed the jury's verdict in favor of the plaintiff and awarded costs on appeal.
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This ruling provides guidance on how California courts should assess the triviality of sidewalk defects in personal injury lawsuits.
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Description
Are you familiar with the Trivial Defect Doctrine in California personal injury cases involving sidewalk tripping? Take this quiz to test your knowledge on the factors that courts consider when determining whether a sidewalk defect is trivial and how recent court rulings have impacted the application of this doctrine. Keywords: California, Trivial Defect Doctrine, personal injury, sidewalk tripping, court rulings.
