Legal Definitions - patent defect

A patent defect refers to a flaw, problem, or dangerous condition that is clearly visible or easily discoverable through a reasonable inspection by an average, observant person. Unlike a hidden or "latent" defect, a patent defect is not concealed and its presence would be apparent to someone exercising ordinary care and attention.

In legal contexts, the distinction between a patent and a latent defect is often crucial for determining liability. If a defect is patent, an injured party might be expected to have noticed and avoided it, which could potentially reduce or eliminate the responsibility of the party who created or maintained the defect.

Here are some examples illustrating a patent defect:

• Example 1: Uneven Sidewalk Slab

  Imagine a public sidewalk where one concrete slab has visibly shifted several inches higher than the adjacent slab, creating a pronounced and obvious tripping hazard. This unevenness is not obscured by dirt or leaves; it's a clear, distinct step up or down.

  This is a patent defect because an average person walking on the sidewalk would reasonably be expected to see such a prominent and visible change in elevation. It doesn't require special tools or expertise to discover; the defect is immediately apparent to anyone exercising ordinary observation.

• Example 2: Damaged Playground Equipment

  Consider a children's playground where a swing set has a chain that is visibly broken in half, with the swing seat lying on the ground. The broken chain is not hidden inside a mechanism but is openly exposed and clearly renders the swing unusable and potentially dangerous.

  This constitutes a patent defect because the broken chain is an obvious and immediate flaw. Any parent or child approaching the swing set would easily notice that it is damaged and unsafe to use, making the defect apparent upon reasonable inspection.

• Example 3: Missing Stair Tread

  In an old building, a wooden staircase has a completely missing step (tread) in the middle of a flight, leaving an open gap where one would normally place their foot. The absence of the step is not obscured by darkness or other objects.

  This is a patent defect because the missing stair tread is an unmistakable and highly visible deficiency. Anyone attempting to use the staircase would immediately perceive the large gap and the absence of a crucial structural element, making it an obvious hazard.