Premises

What is Open and Obvious Doctrine?

A defense that bars or reduces premises liability when the dangerous condition was so obvious that the plaintiff should have noticed and avoided it.

Definition

Under the open and obvious doctrine, a property owner's duty doesn't extend to conditions that are so apparent a reasonable person would notice and avoid them. Application varies by state — some apply it as a complete bar, others only as a comparative-fault factor.

How it applies in personal injury cases

Major case-killer in premises cases. Plaintiff distraction (looking at phone, in conversation) doesn't necessarily defeat the doctrine. Defense routinely raises it for slips on visible spills, falls on visible steps, etc. Photos and surveillance documenting the condition's visibility are critical.

Related terms

Premises Liability

Liability of property owners and occupiers for injuries that occur on their premises due to dangerous conditions.

Constructive Notice

When a dangerous condition existed long enough that the defendant should have discovered it through reasonable inspection.

Comparative Negligence

A doctrine that reduces a plaintiff's recovery by their percentage of fault for the injury.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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