Section 19.56 Open and Obvious

• Library: Tort Law 2016

13. (§19.56) Open and Obvious

Parents who left children in a car unattended sued subdivision trustees for the children’s drowning deaths when the car rolled down a road and into a lake, alleging negligent failure to warn or protect their children from an unreasonable slope of a road. The claim was not submissible because the danger was open and obvious, and the risk of harm existed only because the plaintiff failed to exercise due care. Harris v. Niehaus, 857 S.W.2d 222 (Mo. banc 1993).

Even if an icy...