Property owners have a duty to keep their premises safe for those who enter it. When they fail to do so, those harmed by the hazardous condition(s) may be entitled to damages. In an effort to avoid liability, property owners may use the open and obvious defense. Under this doctrine, a property owner is not liable for injuries caused by dangerous conditions that are considered so obvious that a visitor could have reasonably seen and avoided the danger. There are, however, ways to overcome this claim.
Some ways that plaintiffs can fight the claim of open and obvious danger include arguing the following points:
Overcoming the open and obvious doctrine in a premises liability case can be challenging, but it is possible. Plaintiffs should carefully consider the facts of their case and consult with an attorney to discuss their legal options. An experienced slip and fall attorney will know what kind of evidence will be needed to support your claim. This may include photographs of the scene of the accident, witness statements and medical records.
If you have been injured in an accident on someone else’s property, it is important to contact an experienced attorney to discuss your case. An attorney can help you understand your legal rights and options, and they can help you build a strong case against the property owner.
Located in Flagstaff, the Law Office of Matthew J. Poirier PLLC represents those involved in pedestrian accidents throughout the greater Flagstaff region. If you or a family member have been in a car accident, feel free to contact me online or call (928) 522-4866 for a free initial consultation.
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