Open and Obvious Fall Hazards: What You Need to Know
You’ve suffered an injury in a slip-and-fall accident due to a dangerous condition on someone else’s property and are now seeking compensation for damages. This should be a cut and dried premises liability case, right? Not quite.
The “open and obvious” rule is an exception to premises liability law which can be used to explain why a property owner should not be held liable for a fall victim’s injuries. Whether this rule will apply to your case is a question only an attorney can answer.
If you have any questions regarding your slip, trip, or fall case, please don’t hesitate to contact Farah & Farah for immediate legal assistance. Premises liability law can be complex, but we can help you make an informed decision on what to do next. You can call our Jacksonville personal injury attorneys at 855-797-9899 or submit an online contact form to receive a free case evaluation.
What Is Considered “Open and Obvious” in Florida?
Generally, property owners owe their invitees a duty of care to keep their premises in safe condition. However, they are not liable for physical harm caused to their invitees by a clearly dangerous condition, according to the “open and obvious” rule. In other words, invitees are expected to exercise their discretion when encountering a hazard that is in plain sight.
How Does Florida Treat the “Open and Obvious” Rule?
To demonstrate how the state of Florida handles the “open and obvious” rule in premises liability cases, let us go over an example.
There was a case in which the plaintiff tripped over some exposed computer cables and fell. No obstacles were blocking her view of the cables and no previous incidents involving similar circumstances ever occurred. When considering all the facts, it is clear that the cables presented an obvious trip hazard.
Nonetheless, the court found that, although the cables qualified as an “open and obvious” condition and discharged the duty to warn, it did not discharge the property owner’s duty to maintain the property in a reasonably safe condition. In conclusion, the plaintiff still had a valid claim even though the danger was glaringly obvious.
Learn More by Calling a Jacksonville FL Premises Liability Attorney at Farah & Farah
At Farah & Farah, our Jacksonville premises liability attorneys have more than 35 years of legal experience under our belts. And to this day, we keep up with the latest developments in premises liability law and other legal fields in order to retain consistency and quality in our services. If you have any questions concerning your slip-and-fall accident claim, contact us. We will provide you with the answers you seek.