Q: They are saying that I am entitled to nothing because I slipped on something that was "open and obvious?"

What does that mean?

A: The law of New York used to state that if the defect was "open and obvious," (meaning plainly visible to anyone, like a huge hole in the sidewalk or a pothole) then anyone injured due to this defect was ineligible for compensation. Insurance attorneys would file reams of arguments declaring that even the most hidden dangers to the public were "open and obvious."

Since then, new laws have been placed on the books that state that even if a defect is "open and obvious," the landowner is still supposed to get it fixed, and is therefore liable for any injuries that happen because he did not get it fixed.