Au v. Waldman
2011 Ohio 2233
Ohio Ct. App.2011Background
- Au, tenant, slipped on a concrete slab connecting two rental properties owned by Waldmans after a plywood board over a drain shifted due to freezing.
- Board was placed weeks earlier to cover a drain to keep water away from the drain area; one could descend either set of exterior stairs without stepping on it.
- Cold, snowy conditions created an unnatural shift and freezing of water on the slab; the board allegedly moved and froze in a new diagonal position.
- Au testified he walked across the board less than an hour before his fall and later slipped when the board had shifted and frozen.
- Au sued Waldmans in Richland County; the trial court granted summary judgment finding no liability under the Landlord-Tenant Act or common law.
- The appellate court affirmed the summary judgment, concluding no genuine issue of material fact as to notice, duty, or open-and-obvious conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Landlord-Tenant Act liability | Au argues Waldmans breached 5321.04 duties to repair and keep premises safe. | Waldmans contend no liability due to no notice and open/obvious condition; natural accumulation rule applies. | Affirmed summary judgment; no 5321.04 liability found. |
| Common-law negligence duty | Au contends a duty existed to keep common areas safe and avoid an unsafe condition. | Waldmans argue no duty where danger was open and obvious and no notice of a dangerous condition. | Affirmed summary judgment; no duty under open-and-obvious doctrine. |
Key Cases Cited
- Robinson v. Bates, 112 Ohio St.3d 17 (2006-Ohio-6362) (landlord duties; negligence per se for statutory violations)
- LaCourse v. Fleitz, 28 Ohio St.3d 209 (1986) (no liability for natural ice/snow accumulations; open/open-difficulties exception)
- Shroades v. Rental Homes, Inc., 68 Ohio St.2d 20 (1981) (landlord liability for statutory duties; open-and-obvious considerations)
- DeAmiches v. Popczun, 35 Ohio St.2d 180 (1973) (natural accumulation doctrine relevance)
- Mounts v. Ravotti, 2008-Ohio-5045 (Ohio 8th Dist.) (open and obvious; duty limitations in premises liability)
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (2003) (open and obvious danger; no duty to invitees)