What is an open and obvious danger for premises liability?
In July, the Oklahoma Supreme Court decided a premises liability case that dealt with open and obvious dangers. In general, a property owner is not liable if the danger is easily spotted.
The Mercedes-Benz dealer in Oklahoma City hosted a catered event. A woman working the event had to cross grass and a sidewalk coated in ice. Precipitation was not the cause and the roads were not slick. The dealer’s sprinkler system had been activated overnight while the temperature was below the freezing point causing the ice. Even while walking carefully down an incline, the woman slipped, fell onto her back and suffered injuries.
When she told a dealership employee about the accident, the employee said, “[y]eah, I should have [put salt down] when I got here.”
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