What is the "trivial defect" defense?

We agree with these sentiments. "It is well established that a property owner is not liable for damages caused by a minor, trivial or insignificant defect in property. [Citation.]" (Caloroso v. Hathaway (2004) 122 Cal.App.4th 922, 927.) While

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"[c]ourts have referred to this simple principle as the 'trivial defect defense,' . . . it is not an affirmative defense but rather an aspect of duty that plaintiff must plead and prove." (Ibid.) Thus, "[t]he duty of care imposed on a property owner, even one with actual notice, does not require the repair of minor defects." (Ursino v. Big Boy Restaurants, supra, 192 Cal.App.3d at p. 398.)