Saturday, July 25, 2009
“Open and Obvious Doctrine” remains a strong defense in Ohio.
The Supreme Court of Ohio (Lang v. Holly Mill Hotel) recently held that an older legal defense called the “open and obvious doctrine” is still good law in Ohio. This legal doctrine holds that if a jury finds that a hazard located on a residential or commercial is so “open and obvious,” then an injured person cannot recover for injuries received from the hazard. Even if the hazard on the property in question results in building or housing code violations, the property owner can still argue that the hazard was so “open and obvious” that the injured person should have noticed the hazard. Thought: Just like your parents told you when you were younger, “watch your step fella.”