Understanding the "Open and Obvious" Rule


  • Added By :Jeff Kooi
  • Category : Personal Injury Law
  • Article Id : 2003
  • Added On : 30/04/2019
  • Views : 236

When someone gets injured in a slip-and-fall accident, the consequences can be devastating. Depending on the severity of the accident, the victim may have life-altering injuries that cause them to seek legal representation and file a lawsuit for compensation against the property owner. Landowners who rent out an apartment, run a business, or own an office building can be held liable.

In premises liability cases, there’s an open and obvious rule, which can relieve landowners from responsibility for slip-and-fall accidents in some cases. If the hazard is open and obvious, the defense can be made that the injured victim assumed the risk.

At Crossen Kooi Law, we want to support injured victims and ensure they receive the compensation they deserve. It’s important to understand the open and obvious rule, because it’s likely that the defense will use this excuse as their first option when trying to evade a settlement. However, there are various exceptions to the rule, and we can make sure your accident is accounted for.

When is the Landowner Responsible?

There are multiple reasons why a landowner can still be held liable for a slip-and-fall accident. If the hazard was not open and obvious, then the landowner is responsible for removing the hazard or warning visitors of the danger. Even when a hazard is apparent, a landowner may still be partially or fully liable in many cases.

For instance, if it can be proved that the victim would be too distracted to see the hazard or may forget that the hazard was there, then the landowner can still be held liable. Having a lawyer in your premises liability case can be the key to ensuring you beat the defense and prove negligence.

Consult a Premises Liability Lawyer

As an injured victim, it can be frustrating to deal with a legal battle after already battling your injuries. At Crossen Kooi Law, we can guide you through the legal process while you focus on recovering. If you’re prepared to speak with an Indiana premises liability lawyer about your case, call 317-569-1335 to schedule a free consultation or visit our website for more information.