Obvious Dangers

California courts have traditionally held that liability does not arise an injury from an obvious danger. In addition, courts have concluded there is no duty for an obvious danger since it is likely the entrant will see the danger. However, per se liability may still apply. Even though there may not be a duty to warn an obvious danger, a duty may still arise to provide a remedy.

An "Obvious" danger may me concluded based on the type of premise. Moreover, the obviousness of the premise may applicable when determining a possible ground contributory negligence. For example, if an entrant is injured because they do not see an obvious danger, they may be found contributory negligent. If the entrant is found contributory negligent , recovery may be reduced or eliminated altogether.

When the possessor has knowledge of the condition or should have reasonably discovered it, they may be subjected to liability. Knowledge needs to established prior to imposing liability. In certain cases, liability is not imposed on a possessor when they did not have knowledge of the incident.

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