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Latent Defect
Practical Law Glossary Item w-000-6277 (Approx. 2 pages)
Glossary
Latent Defect
A type of defect, or flaw, which is both:
- Hidden from knowledge.
- Concealed from sight.
A latent defect cannot be discovered by the exercise of ordinary and reasonable care.
This defect can:
- Occur in real estate in the design or construction of a project that the owner does not discover until after construction is complete.
- Appear in a product resulting in a product liability claim.
A plaintiff may have a limited time to file an action against a defendant for a latent defect because of applicable statutes of limitations.
For more information on latent defects in the context of construction projects, see Practice Note, Managing Construction Risk Through Commercial General Liability Insurance.