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Open and Obvious Danger

Open and Obvious Danger

Should a landowner have a duty to protect entrants on their property against dangerous conditions that would be obvious to persons of average intelligence? In certain circumstances, landowners do not have a duty to warn guest of open and obvious dangers because it is not foreseeable that a guest performing reasonable care for their own safety would suffer an injury from this danger. Instead of a defense, the defendant can invoke this theory to determine the existence of the defendant’s duty of care.

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**The information on this St. Louis personal injury website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.**


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