Open and Obvious Danger Doctrine

Pronunciation: OH-pen and OB-vee-us DAYN-jer DOK-trin

Torts › Premises Liability

Definition

Traditional rule: landowner owes no duty to warn of open and obvious dangers that invitee should readily observe and appreciate. Rational that invitee can protect self from obvious dangers. Modern trend: open and obvious nature is factor in comparative fault rather than eliminating duty. Some states retain as complete bar to recovery.

Related terms

• Invitee — A person who enters another's land for a purpose related to the landowner's business or for the mutual…
• Licensee — Person who enters land with possessor's permission for licensee's own purpose, not for possessor's benefit. Social guests are…
• Premises Liability — A landowner's or occupier's liability for injuries occurring on their property. The duty of care owed depends on…

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