One commonly-used argument used by insurance companies whenever there is a trip-and-fall injury is that the hazard was open and obvious. Because of this, insurance companies argue that the injured party should have gone around it or found another route to take in order to get out.
That is not always the case. If you are living in an apartment or other complex and there is only one path to and from the door from which you enter and exit, an open and obvious hazard does not let the landlord or property owner off the hook.
A landlord is required to give you safe ingress and egress into and out of where you live, because you need to be able to use the dwelling. Just because they have raised an issue saying that the hazard was open and obvious does not necessarily mean they are going to prevail if that is the only path you had.
