What Is The Open And Obvious Doctrine?

January 28, 2022

Hey everybody, this is Andy Rosenberg from The Law Offices of Andrew G. Rosenberg and I’m here to help with all your personal injury matters.

I’m going to talk about a topic in the slip and fall category and again a slip and fall is when you get injured, obviously, at some sort of an establishment or some area, and the question is are they liable or not liable? I want to just talk about one issue. It’s called the open and obvious doctrine and that’s kind of the issue that is used a lot of times from the defense side to say that they’re not held liable for the slip and fall and it is what it sounds like. It’s basically was the incident that caused the accident open and obvious to the public? If it was then the owner of the establishment is not going to be held liable for the injuries and thus there’s no case.

An example of that would be a raised sidewalk where there’s a huge crack in there and it’s obvious that there’s a huge crack you don’t want to just trip on that. Typically that might be a defense, might be the open and obvious doctrine. Another example would be when there’s bricks around a tree, to protect a tree, and you trip on the bricks and you get hurt. That’s another example of a potential open and obvious situation or doctrine where you won’t won’t have any sort of liability on the owner, so again that’s a defense that could be used in slip and fall. There’s other defenses but I just want to give you one of the more common defenses.

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Thanks and I hope you have a great afternoon.

Have You Been Injured On Someone Else’s Property Due To Negligence?

If you’ve been injured in Florida at a business or someone’s personal property due to negligence you need to speak to an experienced premises liability lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.

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