What Does “Open and Obvious” Mean in Texas Slip and Fall Cases?
The “open and obvious” rule is an important concept in Texas premises liability (slip and fall) cases. It comes from Texas case law, including notable decisions from Austin courts. Essentially, a property owner can argue that a hazard was so apparent that a reasonable person should have seen it.
How It Affects Your Case
To prove a slip and fall case, you must generally show:
There was a dangerous condition on the property.
The property owner knew or should have known about it.
However, if the hazard was open and obvious, your case could be dismissed as a matter of law. For example:
A wet floor with a visible caution sign
A hazard that a reasonable person could easily see
In these situations, a judge may grant a motion for summary judgment, meaning you might not receive any compensation.
Exceptions and Jury Considerations
Sometimes, whether a hazard is “open and obvious” is a question of fact for the jury, rather than an automatic dismissal. Courts look at:
The clarity of warning signs
How obvious the hazard was to a reasonable person
Working with an experienced attorney can help navigate these legal nuances and determine whether your case has merit.
