In Florida premises liability law (which pertains to the responsibility of property owners to keep their site reasonably safe), the “open and obvious” doctrine is one that essentially states if a hazard or condition was open and obvious to a reasonable person, the landowner isn’t liable (or might be less liable) for failing to address the danger or warn the injured person about it. The idea is a visitor should have been able to recognize and appreciate that an open and obvious danger was present and take measures to protect themselves from that harm.
It can be a powerful defense, and one our personal injury attorneys in Fort Lauderdale are committed to challenging head-on. We recognize there may be numerous exceptions to the open-and-obvious doctrine, including:
- Landowner knew people would likely be hurt even if they were aware of it;
- Negligence per se, which involves violation of a health or safety statute, for which landowner could be liable regardless of the awareness or actions of the injured party.