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“A Not-So-Obvious Puddle” – Collection of Water on Restaurant Bathroom Floor Not Enough to Meet Open & Obvious Threshold

Premises Liability / December 28, 2022

“A wet spot on a floor may be open and obvious if it is visible upon casual inspection by a reasonable person, but it is not always open and obvious.”

 The Tyler decision emphasizes a critical point in any open and obvious case, would an average, reasonable person in the same situation casually notice the potential hazard? The Court in Tyler found that a puddle on the floor of a restroom is not open and obvious despite testimony from the Plaintiff stating that had he looked down, he would have seen the puddle. The circumstances of the fall and the surrounding environment are what mattered most in this case, and as such, must be considered in any open and obvious analysis moving forward.

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