Legal Definitions - patent danger

Patent danger refers to a hazard or risk that is clear, obvious, and readily apparent to any reasonable person upon ordinary observation. It is a danger that is not hidden or concealed but is instead easily discoverable without the need for special inspection or investigation.

Here are some examples to illustrate this concept:

• Imagine a public park where a large, clearly visible tree branch has broken off and is lying across a well-used walking path. The branch is thick and obstructs the path entirely, making it impossible to miss for anyone approaching. This constitutes a patent danger because the hazard is obvious and immediately noticeable to any park visitor, requiring no special effort or close examination to identify the risk of tripping or injury.

• Consider a newly purchased children's bicycle that, right out of the box, has a visibly bent and broken pedal arm. The damage is not subtle; the metal is clearly twisted, and the pedal hangs at an unnatural angle. This defect represents a patent danger because the potential for injury due to the broken part is immediately apparent to anyone assembling or inspecting the bicycle, even without specific mechanical expertise.

• In a commercial building, a section of the main staircase has several steps with large, gaping holes where the tread has completely worn away, exposing the underlying structure. These holes are prominent and easily seen by anyone using the stairs during normal lighting conditions. This situation presents a patent danger because the risk of falling or injury is obvious and unmistakable to anyone navigating the staircase, making it a hazard that is plainly visible.