Legal Definitions - latent

Latent

In legal contexts, the term "latent" describes something that exists but is not immediately obvious, visible, or discoverable through a reasonable inspection. It refers to a hidden characteristic, condition, or defect that may only become apparent later or under specific circumstances.

Here are some examples:

• Latent Defect in a Manufactured Product: Imagine a newly purchased washing machine that has a tiny, internal crack in a critical component due to a manufacturing error. This crack is not visible from the outside and doesn't affect the machine's operation during the first few months. However, after several months of regular use, the crack widens under stress, leading to a significant leak. This hidden crack was a latent defect because it was present from the time of manufacture but remained concealed and undiscoverable until it caused a noticeable problem much later.
• Latent Condition in Real Estate: A homeowner sells their house, and during the buyer's pre-purchase inspection, no issues are found with the foundation. However, several months after the sale, a severe rainstorm causes significant cracking and shifting in the foundation. It is then discovered that the house was built on unstable soil, a condition that was not apparent during dry weather or a standard visual inspection. This unstable soil was a latent condition, a hidden problem that existed at the time of sale but only manifested its effects later.
• Latent Injury: Following a minor car accident, a person feels fine and experiences no immediate pain or symptoms. They decline medical attention at the scene. However, a few days later, they begin to experience severe neck pain and headaches, which are diagnosed as whiplash. The whiplash was a latent injury because it was sustained during the accident but its symptoms did not immediately present themselves, making it initially undiscoverable until its effects became apparent over time.