Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne & Francis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 293-2600.
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If you have suffered an injury in a slip and fall accident caused by a hazardous condition on someone else’s property, it may seem like a cut and dried case of premises liability. Further, it would seem that you would quickly be awarded damages or offered a settlement for your injuries. However, the property owner’s defense attorney will not see it that way, and he may attempt to use the “open and obvious” rule as a defense for his client.
Continue reading to learn how an attorney can help you with your injury case.
The “open and obvious” rule is an exception to premises liability law that can be used for the defense of a property owner to explain why he or she shouldn’t be held responsible for injuries that resulted from a fall.
Determining whether the open and obvious rule will apply to your case is a question that only an experienced premises liability attorney can answer. Premises liability law is often complicated and hiring a lawyer who is familiar with it is always in your best interest.
Generally speaking, property owners have a responsibility to the people who visit their property to keep the area safe, without dangerous or hazardous conditions that could lead to injury. However, according to the open and obvious rule, they may not be liable for their visitors’ injuries when there is a clearly dangerous condition. In other words, visitors are expected to exercise discretion when they come across an obvious danger that is in plain sight.
Some examples of hazards that have been deemed by the courts to be open and obvious are:
There are numerous ways that the open and obvious rule can be used as a defense for property owners, but it doesn’t always end in their favor. To get a better understanding of how it works, here is an actual example from Florida courts.
In a case in which the plaintiff tripped over some exposed computer cables and fell, no obstacles were blocking her view of the cables and no previous incidents involving similar circumstances ever occurred. When you consider the facts, it is clearly apparent that the cables presented an obvious hazard for tripping.
Nonetheless, the court found that, although the cables qualified as an “open and obvious” condition and discharged the duty to warn, it did not discharge the property owner’s duty to maintain the property in a reasonably safe condition. In conclusion, the plaintiff still had a valid claim even though the danger was glaringly obvious.
If you or a loved one has been injured in a slip and fall accident, the property owner may attempt to use the open and obvious rule as a defense. It is important that you contact Boca’s slip and fall accident attorney, Joe Osborne for help proving that the dangerous condition was not open and obvious. Contact his office today at (561) 293-2600 to have your case reviewed.
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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”
Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne & Francis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 621-1385.
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