{"id":353544,"date":"2017-03-30T13:13:31","date_gmt":"2017-03-30T18:13:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/what-is-the-open-and-obvious-defense.html"},"modified":"2023-11-01T15:57:16","modified_gmt":"2023-11-01T20:57:16","slug":"what-is-the-open-and-obvious-defense","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/what-is-the-open-and-obvious-defense.html","title":{"rendered":"What Is the Open and Obvious Defense?"},"content":{"rendered":"\n
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What Is the Open and Obvious Defense?<\/h1>\n\n
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\n By Danielle Gilmore, Esq.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The open and obvious defense is a way to argue that a property owner isn’t liable for someone’s injuries. It claims that a property hazard would have been apparent to any reasonable person. So, the injured person should have noticed and avoided the danger themselves.<\/p>\n\n <\/div>\n\n\n\n

Whether you rent an apartment, own an office building, or run a store, the law could hold you accountable for injuries on your property. Premises liability\u00a0is a subsection of personal injury cases. Perhaps you were a visitor to someone else’s property and had a fall accident because of a dangerous condition.<\/p>\n

It’s helpful to understand premises liability and its exceptions, such as the open and obvious doctrine. Learn how these concepts could affect you as a property owner, renter, or visitor. You can also get help from a personal injury defense lawyer<\/a> if you are sued.\u00a0<\/p>\n

Premises Liability: The Landowner’s Responsibility<\/h2>\n

Every landowner and resident must protect parties from an unreasonable risk of harm caused by dangerous conditions on their property. If they fail, they could be liable for any injuries or accidents on their property. This is known as\u00a0premises liability<\/a>. If a person is injured by a dog bite or falls in a parking lot, they may have a valid premises liability claim.<\/p>\n

Each state’s laws vary regarding the legal duty a landowner or resident might have. Some require the landowner or resident to exercise reasonable care for the visitors’ safety. This is a general duty of care to provide safe conditions on the land. Others give specific standards of care based on the\u00a0type of people<\/a>\u00a0who visit their property, such as\u00a0invitees<\/a>\u00a0or\u00a0trespassers<\/a>. For example, a statute might specify that landowners must protect invitees from unreasonably dangerous conditions.<\/p>\n

State premises liability law varies, but there are common guidelines. These guidelines specify that a possessor of land is liable for injury caused by a condition on the land if they:<\/p>\n