Question

Can an owner be held liable when it's open and obvious that the conditions are dangerous? Does the owner have a duty to warn people in these conditions?

Answer 1

There is a doctrine known as ‘Open and Obvious’ that excuses an owner from being held liable for the conditions that are dangerous in obvious manner to any reasonable person. In such a scenario, the owner need not warn people in these conditions. For example, it is obvious that in the railing of the Balcony is low, leaning too much over it may end up a person falling off the Balcony. In such a scenario, if tenant leans over the railing and falls off, the owner may not be held liable in spite of the owner not explicitly warning the tenant of the danger of having the low railing at the balcony. This is so because assuming the tenant is a reasonable person, it should be obvious to him that leaning too much from the balcony may result into such accidents.

However, the exception to the above doctrine is only in the cases wherein the other party may get harmed in spite of being in knowledge of such a danger. In such a case, if the owner does not take reasonable efforts to do away with such dangerous conditions, then making the other party land in that scenario, shall not relief the owner from any liability.