Whether or not you have a case may depend, at least in part, on whether or not the danger was obvious and apparent to you. This is known as the defense of open and obvious danger. This defense is the most common defense used by owners of property involved in slip and fall claims. The open-and-obvious doctrine eliminates a premises occupier’s duty to warn a business invitee of static dangers on the premises if the dangers are known to the invitee or are so obvious and apparent to the invitee that he or she may reasonable be expected to discover them and protect himself or herself against them. If the property owner does not have a duty to ward you about the danger, then they generally cannot be held liable for not warning you and your case will likely fail based on this defense.

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