Thursday, May 8, 2014
Open and Obvious
In slip and fall cases, both Mississippi and Tennessee recognize that if a danger is open and obvious, there is no liability just because an accident happened. This is illustrated in Goumas v. Mayse located here that by decided by the Tennessee Court of Appeals on April 29. The Plaintiff apparently slipped on a large rock that he had previously been stepping on and fell. The trial court granted summary judgment finding the rock was open and obvious danger such that the landowner had no liability. Just because something happens does not equal legal liability.