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Posted on March 26, 2019 by

What Does an Open and Obvious Defense Mean in Relation to Premise Liability Claims

If an injury occurs on your property, you could be held liable. This applies whether you own your own home, rent an apartment, own a business, or rent office space. If you have been the victim of an injury that occurred on someone's property, you could be entitled to compensation.

It's important to understand what is meant by premises liability and exemptions that might apply to you. An excellent example of this is the open and obvious defense. 

What is Premises Liability?

The term premises liability refers to the fact whether someone is an owner or a resident, they have the responsibility to prevent unreasonable risk of harm to someone else. Neglecting to do so leaves them liable for any accident or injury that might occur as a result. Every state has different laws regarding this. 

Understanding the Open and Obvious Defense

An owner or resident may rely on the open and obvious defense for their case. This means that while there were hazards present, they were obvious to a reasonable person, and should have been avoided. As you might imagine, this defense is used often, but it isn't always successful. 

The best St. Louis personal injury attorneys know that plaintiffs may use the open and obvious defense, and they know how to argue against it. If you have been injured in a premises liability case, your St. Louis personal injury attorneys can help.