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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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