Legal Definitions - trap

In legal terms, a "trap" refers to a hidden danger or a deceptive condition on a property that can cause harm or ensnare someone unexpectedly. It encompasses not only devices specifically designed to capture or injure, but also any dangerous, concealed condition that a property owner or occupier knows about, but which a visitor would not reasonably anticipate or discover.

While some "traps" might be deliberate devices (sometimes called "mantraps") intended to deter or harm, such as a hidden spring-loaded mechanism, these are generally illegal if they are designed to cause serious bodily injury. More commonly in legal disputes, a "trap" refers to a dangerous condition that exists due to negligence, where the owner fails to warn visitors about a hazard they are aware of.

• Example 1: Hidden Structural Defect

  A homeowner knows that a section of their backyard deck is severely rotted underneath, making it unstable, but they cover it with a large outdoor rug and don't mention it to guests. During a party, a guest steps on the weakened section, the deck collapses, and they suffer an injury.

  This illustrates a trap because the rotted deck was a hidden, dangerous condition known to the homeowner (the property occupier) but concealed from the guest. The guest, as a licensee, could not reasonably have discovered this peril, making the homeowner potentially liable for the resulting injury.

• Example 2: Concealed Natural Hazard

  A commercial property owner has an old, abandoned septic tank in a remote corner of their undeveloped land. The tank's lid has deteriorated and is covered by tall weeds and overgrown brush, making it invisible. A surveyor, hired to map the property boundaries, walks over the area, and the lid gives way, causing them to fall into the tank.

  This is a trap because the abandoned septic tank with its compromised lid represents a hidden, ultrahazardous condition. The property owner, presumably aware of the tank's existence and potential disrepair, failed to secure or warn about this danger. The surveyor, even though authorized to be on the property, could not reasonably have anticipated or seen this concealed hazard.

• Example 3: Device Intended for Deterrence Causing Harm

  A warehouse owner installs a nearly invisible laser tripwire system across a dimly lit alleyway behind their building, designed to trigger a loud alarm if someone attempts to enter after hours. They do not post any warnings. A delivery driver, authorized to use the alley to access a loading dock late at night, trips over the laser beam (which is at ankle height) and falls, sustaining a concussion.

  This scenario demonstrates a trap because the laser tripwire, while intended as a deterrent, created a hidden, dangerous condition that caused bodily harm to an authorized visitor. Even if not designed to injure, its concealed nature and placement in an area where someone might reasonably walk, without adequate warning, transforms it into a trap for which the owner could be held responsible.