JENKINTOWN PERSONAL INJURY ATTORNEYS

There are several ways that defendants go about responding to slip and fall cases. They might dispute that they owe any kind of duty to the victim. Another tactic is to argue about the amount of damages. Another way they might respond is by raising the open and obvious defense. Our Pennsylvania personal injury attorney team explains the open and obvious defense in Pennsylvania slip and fall cases.

Yes, Pennsylvania has the open and obvious defense. A defendant can respond to a slip and fall lawsuit by stating that the danger was open and obvious. Then, it becomes the duty of the victim to demonstrate that a reasonable person looking at their surroundings would not have noticed the danger. The open and obvious defense is available in Pennsylvania slip and fall cases. However, the court and the jury must look at the facts and examine the evidence to determine whether it applies.

What is the open and obvious doctrine in Pennsylvania

The open and obvious doctrine in Pennsylvania is the idea that, if the victim had paid more attention, they would have noticed that the danger was easy to see. The doctrine places the fault back on the victim for failing to notice a danger that was readily apparent and right in front of them. The defense can use the open and obvious doctrine to respond to allegations of negligence in a slip and fall case.

Example of the open and obvious doctrine in Pennsylvania

For example, say that the victim is in a grocery store. Someone left a cart in the middle of an aisle. The cart has a gallon of milk in it. The gallon of milk leaked all over the floor.

The victim could have seen the gallon of milk and the cart, but they are busy texting on their phone. They bump the cart, slip on the milk, and fall. They sustain serious injuries.

The open and obvious doctrine may be a defense in this case. The grocery store could make the argument that the victim could have noticed the danger if only they had been looking around. It’s up to the judge and the jury to decide if the victim used sufficient care to notice obvious dangers around them.

The open and obvious law in Pennsylvania

In Pennsylvania, the open and obvious laws say that for the doctrine to apply, the dangerous condition and the risk associated with it must be readily apparent to the victim. The standard is whether a reasonable person should have avoided the danger. The court looks at the situation from the position of the visitor.

In cases where it’s clear that reasonable minds can’t differ on the application of the open and obvious doctrine, the court may grant summary disposition. That’s why it’s important to work with an experienced Pennsylvania personal injury attorney to fully develop the facts in your case. An experienced Pennsylvania personal injury attorney can help you fight back against the open and obvious defense as you work to win the compensation that you deserve for your slip and fall injury.