As we have said in the article, What is The Open and Obvious Doctrine, we have discussed the meaning of this doctrine.
To reiterate, the “open and obvious doctrine” in personal injury law cases has to do with shielding a defendant from liability for various kinds of incidents if the injury victim (plaintiff) ignored or did not notice an obvious danger. Here, we want to more thoroughly dig into the open and obvious doctrine, including giving some examples so you can see how this affects a personal claim you may be involved in.
When is a Hazard considered Open and Obvious?
A hazard is considered as open and obvious if a person, who only has an average and ordinary intelligence, would have discovered the hazard upon casual inspection.
This helps the landowner or the landlord in the situation where a personal injury, in the case of a slip and fall, happens on his property. If the ordinary person would have known that there is a hazard and he neglected to act reasonably in a way that an ordinary person would act, then the law would treat the injury to be in the same league as if it is not the responsibility of the property owner.
When are examples of hazards considered Open and Obvious in the State of Michigan?
The following are some situations when a hazard is considered open and obvious:
- Parking lot owners in case of slip and fall in a parking lot where it is snowing and in freezing temperatures. Since an ordinary person would take reasonable care, then the parking lot owner is free from liability.
- In case of a slip on a wet floor that is marked as wet and hazardous, the property owner is free from liability.
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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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