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  • Writer's pictureRobert Schuerger

A Comprehensive Guide: What Is the Open and Obvious Doctrine in Texas?

The landscape of premises liability law in Texas has been reshaped considerably by recent verdicts. In a significant case, the Texas Supreme Court established new directions in the state's law. It provided clear explanations and disregarded prior rulings.

This discourse uncovers the complexity of premises liability, focusing on the nuances of the open and obvious doctrine, the responsibilities of property owners, and how these concepts intertwine with Texas law.

Moreover, it further delves into the implications of these rulings on future premises liability claims and explores the parameters for distinguishing a premises defect from an unreasonably dangerous condition.

In this article, readers will gain a thorough comprehension of Texas premises liability law and its potential impact on future legal cases. The article aims to clarify the complexities of this evolving field and offer valuable insights into the subject matter.

What Is the Open and Obvious Doctrine in Texas?

What Is the Open and Obvious Doctrine in Texas?

When dealing with these legal cases, individuals may encounter the term 'open and obvious.' This principle works as a possible defense that property owners can use.

It signifies a dangerous condition on the property that's easily recognizable, and therefore an average individual should have identified and evaded the threat.

In simple terms, if the danger that caused the injury was obvious, the property owner may not be held responsible.

Moreover, this is based on the idea that a person with average intelligence could notice the risk even with a quick look around.

The Legal Duty of the Property Owner

Owners have an obligatory legal duty to keep their premises safe and prevent defects that might result in unreasonable risk. However, this obligation undergoes changes based on the status of the person on the land—invitee, licensee, or trespasser.

An invitee, often a customer, benefits mutually from being on the premises, and the property owner is aware of their presence. Conversely, with the owner's consent, a licensee remains on the premises for personal benefit.

In both these scenarios, the owner's failure to uphold their duty could lead to a premises liability claim if an injury occurs.

Trespassers, individuals without permission to be on the property, do not enjoy the same protections. Moreover, the only duty owed to them is to avoid intentional harm.

The Complexity of These Legal Cases

In these cases, multiple factors come into play, making them complex. The specific cause of the accident and the individual's status on the property become critical determinants of the outcome.

Furthermore, the 'open and obvious' principle further adds intricacies to these cases. Hence, these cases often rely heavily on the specific circumstances and details of each case.

A premises liability case centers around the 'open and obvious' principle, the legal obligation of the property owner, and the responsibilities of individuals on the property.

Understanding these can provide an essential foundation for navigating the complexities of premises liability law. A slip and fall lawyer can help you do that.

Identifying Defective Conditions in Premises Liability Cases

People expect a safe environment without any issues when they go onto private or public properties. However, defects exist and may lead to a premises liability claim if an accident occurs due to them.

To build a compelling liability claim, the injured party must demonstrate that the property owner knew of the defect or should have known about it but took no corrective action.

Premises defects can cover a wide range of issues, such as:

  • Slick, icy surfaces,

  • Floorings with chips or cracks,

  • Unrepaired staircases,

  • Loose carpeting or damaged sections,

  • Absence of or broken railings,

  • Sidewalks with uneven surfaces,

  • Insufficient lighting conditions, and

  • Faulty equipment.

Every premises liability case depends on its unique circumstances, including the specific type of defect involved.

It is critical to remember that the property owner's legal duty owed towards ensuring a safe environment is central to the proceedings.

A key element in the court's judgment is whether the property owner took reasonable measures to prevent such dangerous premises conditions.

Liability and Comparative Negligence in Premises Cases

In a premises liability case, several parties might be responsible for an accident. Typically, the property manager is first in line, be it a homeowner, a renter, or a business tenant.

However, determining liability might be more complex when a property is leased. Both the occupier and the landlord could be held responsible for a premises defect, depending on the division of duties outlined in their agreement.

Furthermore, the law introduces the concept of 'open and obvious defect.' This suggests that a premises defect, visible to an average person upon casual inspection, may not entirely place the liability on the property manager.

In fact, if a court clarifies such a defect as open and obvious, comparative negligence could come into play. While not absolving the property manager, this doctrine might limit the compensation awarded to the injured party, considering their own negligence in the incident.

Essential Elements of a Premises Liability Claim

Essential Elements of a Premises Liability Claim

Dealing with a premises liability claim can present challenges, but it becomes less daunting when the key elements are well understood. Crucial elements supporting this claim include:

  • Identification as an invitee or licensee, establishing the presence at the property was legal,

  • Recognition that the landowner or occupier owed a duty of care,

  • Proof that the landowner or occupier was, or should reasonably have been, aware of a hidden defect on the premises,

  • Demonstration that the defect posed an unreasonable risk to the invitee or licensee and others,

  • Evidence that the landowner or occupier did not take adequate measures to rectify the defect or caution against the risk, and

  • Proof that the landowner or occupier failed to fix the defect.

The claimant must address these points with great attention to detail to improve their argument and obtain a better summary judgment.

However, it's crucial to note that the law presumes a necessary use exception in some instances, which a court may need to clarify based on the specifics of the dangerous premises condition.


Navigating the complex terrain of premises liability can be challenging. When one faces the aftermath of an injury due to defective property conditions, the assistance of an expert legal team, such as Schuerger Shunnarah Trial Attorneys, can be invaluable. They can also answer questions like, "Can you claim compensation for falling?"

Committed to ensuring justice for their clients, this seasoned professional team 'goes-to war' with a comprehensive understanding of the legal landscape, the nuances of premises liability claims, and the implications of court-clarified decisions.

It strives relentlessly to protect the rights of its clients and offers an unwavering commitment to their cause, ensuring they are not alone in their fight for justice.


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