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“If an unsafe condition of the property is so obvious that a person could reasonably be expected to observe it, then the owner/occupier/one who controls the property does not have to warn others about the dangerous condition. However, the owner/occupier/one who controls the property still must use reasonable care to protect against the risk of harm if it is foreseeable that the condition may cause injury to someone who because of necessity encounters the condition.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson