The doctrine holds that a possessor is not liable for defects so minor that they present no unreasonable risk. Some jurisdictions apply numerical thresholds for elevation differentials while others assess the totality of circumstances.
Lighting, foot traffic, and location may defeat the doctrine.
Alternative Names:
De Minimis Defect, Minor Defect Rule
Why it Matters?
Where a bright-line measurement applies, this doctrine supports summary judgment on an objective fact, which is unusual in premises litigation. Jurisdictions rejecting fixed thresholds require a circumstance-specific analysis considering lighting, weather, pedestrian volume, and whether the defect was obscured, which returns the question to the jury. Photographic documentation with a measurement reference is the essential evidence either way.
Frequently Confused with
Related terms
Frequently asked questions
Is there a fixed height threshold?
What defeats the doctrine?
