In Florida premises liability law, the “open and obvious doctrine” is one that states business owners can’t be held liable for open and obvious dangers – unless the owner should have anticipated harm despite the open and obvious condition.
An “open and obvious danger” is one that creates a visible, well-known risk of harm that would be discernible by casual inspection to someone of typical intelligence.
Property owners in general have a duty to maintain a reasonable degree of safety on their properties and to warn others of dangers that aren’t obvious. But patrons, guests and tenants also have a responsibility to recognize and appreciate danger when it’s open and obvious – and take prudent measures to protect themselves from that harm. Continue reading