About this episode
This episode discusses the Open and Obvious doctrine as a defense against liability for hazardous conditions.
Not every hazard leads to liability – especially when the danger is right in front of you. The Open and Obvious doctrine is a defense that can be raised to protect a landowner from liability for a hazardous condition that was "open and obvious" to a reasonable person. While almost all jurisdictions recognize some version of the open and obvious defense, there are nuances from state to state. Listen in to this week's episode as Rebecca and Steve discuss this defense, and the counterarguments to it, to make sure that you can successfully recover from a tortfeasor trying to avoid liability for your subrogation claim. Join us in understanding how some hazards are just too obvious to ignore.
People in this episode
Hosts: Rebecca, Steve
Topics covered
- liability
- open and obvious doctrine
- hazardous conditions
- subrogation claims
- tortfeasor
Keywords
- liability
- open and obvious
- hazard
- subrogation
- tortfeasor
- defense
- jurisdictions
Mentioned in this episode
Organizations: Rathbone Group, LLC
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