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Open and Obvious Condition Defense

Jed Dietrich, Esq., Recognized as a New York Super Lawyer, and His Team of Determined, Dedicated, and Disciplined Attorneys at the Dietrich Law Firm P.C., Distinguished as an American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm, Battle to Obtain the Best Result for Victims Seriously Injured in Premises Liability Accidents in Buffalo, New York; Niagara Falls, New York; Rochester, New York; Throughout New York State and Beyond.


Condition defense Whether an accident victim’s injuries were caused by a parking lot hazard, sidewalk defect, or treacherously high display shelves, property owners, such as retailers and restaurants, often try to justify claims of negligence by applying the open and obvious condition defense. Under a successful application of the defense, a landowner can be relieved from their legal obligation to warn of an unsafe condition when it is easily recognizable. The notion behind the open and obvious doctrine is that warnings are unnecessary when someone knows or should know about a hazard by just being careful and paying attention.

If you, or a loved one, have suffered injuries or worse due to a negligent landowner, you want the best personal injury lawyer in Western New York to handle your claim. Jed Dietrich, Esq. and his hardworking team of seasoned lawyers, are committed to safeguarding the legal rights of accident victims. After suffering an injury, your top priority should be recovering. The Dietrich Law Firm P.C.’s veteran attorneys can systematically investigate your accident, devise extremely effective tactics to defeat assertions of the open and obvious condition defense, and ensure that you are in a position to obtain the highest possible compensation for your damages. Pursuing a personal injury claim against the responsible party may be one of the most important things you ever do.

Jed Dietrich, Esq. and his battle-tested personal injury attorneys have a proven track record of getting justice for our clients. We will not allow another’s carelessness or negligence to ruin your life or destroy your livelihood. Being hurt in an accident is a traumatic experience for many victims. However, it does not have to be for you when you have the Dietrich Law Firm P.C.’s team of highly experienced accident attorneys by your side every step of the way. Even if you believe the dangerous condition that hurt you could have been avoided, our best of the best attorneys may still be able to recover compensation. That is why it is imperative to consult with Jed Dietrich, Esq., acclaimed as an Attorney and Practice Magazine’s Top 10 Personal Injury Attorney, if you have been involved in any type of accident. The Dietrich Law Firm P.C.’s top rated team offers complimentary lawsuit evaluations and consultations. We would be honored to speak with you about your case. Our elite team is available 24 hours a day, 7 days a week, at (716) 839-3939, or by filling out the online consultation form. There is never a fee unless we WIN for you!

Common Triggers of the Open and Obvious Condition Defense

Should victims be permitted to obtain compensation for injuries suffered because of a visible dangerous condition? This question regularly arises in Buffalo, New York, during the harsh winters, when people slip and fall on icy surfaces. When a reasonable person identifies a substantial risk, naturally, he or she would try and avoid the threat. As such, a reasonable person might choose not to proceed because the risk of injury is too great. Alternatively, it would be reasonable to look for another route to avoid the hazard.

The open and obvious condition defense presumes that the victim brought the injury upon him or herself by deciding to proceed despite knowledge of a dangerous condition. The defense can be especially persuasive in situations where the victim had a reasonable alternative course to avoid the threat but ignored the risk and proceeded anyway. When a victim suffers an injury caused by a dangerous condition that is completely obvious, the property owner may assert that the unsafe condition was so obvious that any reasonable individual should have easily recognized the hazard. Therefore, the property owner did not have a legal duty to warn of the open and obvious condition because the obviousness of the danger surrounding the condition itself is deemed to be equivalent to a satisfactory warning.

WERE YOU, OR A LOVED ONE, SERIOUSLY INJURED DUE TO A PROPERTY OWNER’S NEGLIGENCE IN BUFFALO, NIAGARA FALLS, ROCHESTER, OR OTHER PARTS OF NEW YORK STATE?

CALL JED DIETRICH, ESQ. AND HIS TOP RATED AND HIGHLY EXPERIENCED TEAM OF BUFFALO, NEW YORK PERSONAL INJURY ATTORNEYS AT (716) 839-3939 NOW TO OBTAIN THE HELP THAT YOU DESERVE!

Successfully Opposing Open and Obvious Condition Defenses

Successfully opposing condition defenses The Dietrich Law Firm P.C.’s veteran team possesses the proficiency and expertise required to defeat any open and obvious condition defenses that may arise and guarantee that victims are in a position to obtain the maximum possible compensation. Whether the open and obvious condition defense will apply in a particular lawsuit depends on the circumstances surrounding the accident. In past cases, our battle-tested attorneys have employed several highly successful strategies to defeat the defense. Foreseeability and reasonableness are two fundamental means to counter a defendant’s claim that they did not owe a duty of care to the victim. For instance, if the condition was present in a place where a reasonable person would never expect to encounter the hazard. An open and obvious condition is not equivalent to an open and obvious danger. Reasonable people can differ on whether or not a particular condition represents a hazard. As such, our seasoned lawyers can argue that just because a condition is visible does not mean it automatically constitutes an open and obvious danger. In other words, victims can see a condition but may not recognize the danger in it. The victim must have a reason to appreciate the nature of the potential for harm created by the condition.

Property owners are legally obligated to maintain their premises and make reasonable efforts to keep visitors, patrons, and employees safe from all foreseeable dangers. This obligation includes remedying all potentially unsafe conditions, such as tripping hazards, within a timely manner. When a landowner breaches his or her duty of care and injury results, the victim should be entitled to seek compensation through a premises liability lawsuit. This is especially persuasive in cases where the same condition has caused other injuries, or the owner has received previous complaints. The Dietrich Law Firm P.C.’s best of the best team has been very successful at arguing that it would be a miscarriage of justice not to allow our clients to pursue their claims.

Cases involving the open and obvious condition defense can be extraordinarily complicated. Therefore, it is crucial to retain a practiced personal injury attorney with extensive experience countering this type of defense and holding those responsible accountable. Jed Dietrich, Esq. has exclusively dealt with serious personal injury cases throughout the United States since 1999, which includes many premises liability accident lawsuits. The Dietrich Law Firm P.C.’s team of seasoned lawyers will not allow someone else’s negligence or carelessness to ruin your way of life. You should not be forced to bear the burden of paying costly medical bills, taking excessive time off from work, or other unanticipated future consequences. Jed Dietrich, Esq. has battled to obtain over $175 Million in verdicts and settlements for victims who were injured in Buffalo, New York, and beyond. Our honorable commitment to exceeding your expectations and delivering an exceptional outcome is what sets us apart from the competition. Call Jed Dietrich, Esq., distinguished as a National Trial Lawyers Top 100, and his elite team of lawyers today at (716) 839-3939 so that we can help you! We are available 24 hours per day and 7 days per week.


Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
★★★★★
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
★★★★★
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
★★★★★
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
★★★★★
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
★★★★★
Jed is a Master in the courtroom without an equal. S.C.
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