22.20.2 Open and Obvious Conditions.

• Jurisdiction: Arizona

22.20.2 Open and Obvious Conditions. A possessor of land is not liable for injuries from conditions that are open or obvious or are known to the plaintiff.¹⁹⁸ The reason for this rule is that the risk of harm is generally slight when the condition is easily perceived.¹⁹⁹ Therefore, there is no unreasonable risk for which the landowner must protect the plaintiff.²⁰⁰ A landowner has no duty to warn against an open and obvious condition.²⁰¹

When a condition is open and obvious, the invitee is expected to take good care of himself to avoid the condition without further precautionary measures being taken by the landowner.²⁰² An open and obvious defense goes to the issue of breach of duty.²⁰³ If the landowner “should anticipate the harm from the condition despite its obviousness, he may be liable for physical injury caused by that condition.”²⁰⁴

A plaintiff’s past knowledge and experience upon the landowner’s premises may be considered in determining whether the condition was open and obvious to the plaintiff.²⁰⁵ If a condition is open and obvious, it may provide a defense to a defendant’s liability as a matter of law.²⁰⁶

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