The doctrine provides that no duty to warn arises for conditions so apparent that a reasonable person exercising ordinary care would perceive and avoid them. In some states it eliminates duty entirely, while in others it goes to comparative fault.
Recognized exceptions include distraction, where the owner should anticipate that an entrant's attention would be diverted, and unavoidable hazards the entrant must encounter.
Alternative Names:
Open and Obvious Danger, Obvious Hazard Doctrine
Why it Matters?
This is the defense's most frequently invoked premises doctrine, and its strength varies enormously by state. In jurisdictions where it eliminates duty, it supports summary judgment. Where it merely reduces recovery through comparative fault, the case goes to a jury regardless. The distraction exception is where most contested cases land, particularly in retail settings designed to draw attention to displays.
Frequently Confused with
Related terms
Frequently asked questions
Does the doctrine eliminate liability entirely?
What is the distraction exception?
