Skip to content

What is an “open and obvious” condition?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

 

Generally, a premises liability accident is when an occupier or property or business owner breaches their duty of care to an invitee or licensee, which results in their injury which they can be found legally liable for. The defendant has a few options as defenses to this argument, one being the open and obvious doctrine.

The open and obvious doctrine states that the defendant may not be liable for the plaintiff’s injuries if any ordinary person with average intelligence would be able to judge that the hazard that caused the injury was open and obvious on the property. For example, a slip and fall due to an icy sidewalk may be considered “open and obvious” since in the winter months in some regions, the ground gets snowy and icy. If a defendant successfully cites this doctrine, they may be able to file a motion for summary judgement and immediately receive a ruling in their favor.

There are a couple of exceptions to this doctrine. First, the distraction exception, which states that the owner may not be liable if they have reason to believe that the victim was otherwise distracted by something else on the property, causing them to not be totally aware of the hazard. Secondly, the deliberate encounter exception states that the owner would have reason to believe that someone else in the plaintiff’s position would continue to encounter the hazard because they think that it would outweigh the risk of injury.

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, email us at [email protected], or schedule a meeting with us here. We’re here 24/7.

Submitted Comments

No Comments submitted yet. Sharing your story will help others!

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

Form successfully submitted!