When you suffer a slip and fall injury on someone else’s property, the last thing you expect is to face blame for your own accident. Yet this is exactly what happens when defendants and their insurance companies argue the hazard responsible for the injury was “open and obvious”. This legal strategy attempts to shift the liability onto injured victims by claiming they should have seen and avoided the hazard.
Understanding what open and obvious means
This is a favorite tool of property owners and their insurers. The open and obvious argument is deceptively simple: if there was clearly a dangerous condition, the injured person should have noticed and avoided it. Because of this, the property owner bears no responsibility for the accident.
Insurance adjusters love this defense because it allows them to deny claims quickly and avoid paying fair compensation. They will argue that puddles of water, uneven flooring, poor lighting or debris were all clearly visible to anyone paying attention.
Why this defense fails injured victims
This defense ignores several realities about how accidents actually happen, including the following:
- Property owners have a duty to maintain safe premises regardless of how visible a hazard may be
- Visitors have a right to assume that property is reasonably safe for its intended use
- Distractions are a normal part of life and property owners must account for them
- Some hazards may be visible but unavoidable in the circumstances
The law around slip and fall accidents recognizes that even when a danger is observable, property owners may still be liable if they created the hazard, failed to remedy it or failed to provide adequate warnings.
Holding responsible parties accountable for the cost of injuries
Defeating the open and obvious defense requires thorough investigation and aggressive advocacy. It is important to examine every aspect of your case, including maintenance records, surveillance footage, witness statements and industry safety standards. The goal is to demonstrate why the property owner failed in their legal duty despite the visibility of the hazard.
Strategies that can may include:
- The property owner created or knew about the dangerous condition
- The hazard was unreasonably dangerous even if visible
- The victim’s attention was reasonably diverted
- The property owner failed to take simple preventative measures
Property owners and their insurance companies count on injured victims accepting quick dismissals and walking away from valid claims. Our firm does not settle for these dismissive answers. We hold negligent property owners accountable and fight to help better ensure you receive the compensation you deserve for your injuries, lost wages and suffering.
