Legal Definitions - patent defect

A patent defect is a flaw, dangerous condition, or other deficiency that is easily noticeable to an ordinary person. This is in contrast to a latent defect, which is not easily noticeable. In legal terms, a patent defect may relieve a potentially liable party from liability if the injured party suffered their injury as a result of the patent defect.

• An absence of a fence around a swimming pool
• Raised paving stones on a patio
• Defective construction of a landing that allows water to pool on the landing and to drain into an office

These examples illustrate how a patent defect is something that an ordinary person would notice upon reasonable inspection. For instance, an absence of a fence around a swimming pool is a patent defect because it is something that an average person would notice and recognize as a potential danger. Similarly, raised paving stones on a patio or a defective landing are also patent defects because they are easily noticeable and could cause harm to someone.

• An improperly designed heating and air conditioning system that causes uncontrollable temperature fluctuations
• The absence of a vapor barrier, which caused the siding on a building to buckle

These examples illustrate how a latent defect is something that is not easily noticeable upon reasonable inspection. For instance, an improperly designed heating and air conditioning system or the absence of a vapor barrier are not things that an average person would notice upon inspection. These defects are latent because they are hidden and not easily noticeable, and could cause harm without the injured party being aware of the defect.