Byrd v. Arbors E. & Subacute Rehab. Ctr., 2014 Ohio 3935

Byrd slipped and fell on a slippery substance in a patient room at Arbors East Subacute & Rehabilitation Center, allegedly ice cream spilled by a patient; fall caused a fractured hip.
Plaintiff sued (Feb. 25, 2011) asserting negligently warning about the floor, failing to inspect, and allowing the hazardous condition.
Trial court granted summary judgment for appellee on Feb. 24, 2014; judgment memorialized Feb. 27, 2014.
Byrd was a business invitee; appellee owed ordinary care to keep the premises reasonably safe, but not an insurer of invitee safety.
The court distinguished hazards created by the facility from hazards created by a third party, requiring notice (actual or constructive) for third-party hazards; in this case there was no proof of how long the liquid had been on the floor, so no constructive notice could be inferred.
The trial court rejected the idea that a history of spills by a resident could establish constructive notice; the evidence did not show appellee controlled the third-party condition or knew of a specific puddle.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constructive notice of the hazard existed?	Byrd asserts historical spills created constructive notice.	Arbors East argues no evidence of time the puddle existed and no notice.	No genuine issue; no constructive notice shown.
Did history of spills by the resident create a duty breach?	History of spills implies risk of future puddles.	History of spills does not equate to owner-created hazard or notice.	No breach based on lack of notice and not insurer of safety.
Was summary judgment proper given evidence of spills and owner control?	Evidence shows spills and notification to staff.	No proof of how long puddle existed or owner knowledge.	Yes; summary judgment affirmed.

Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (Ohio 1985) (premises owner must exercise reasonable care for invitees' safety)
Texler v. D.O. Summers Cleaners & Shirt Laundry Co., 81 Ohio St.3d 677 (Ohio 1998) (elements of actionable negligence; duty, breach, proximate cause)
Szerszen v. Summit Chase Condominiums, 2010-Ohio-4518 (Ohio 10th Dist.) (history of hazards can support constructive notice when owner controls conditions)
Lopez v. Cleveland Mun. School Dist., 2003-Ohio-4665 (Ohio 8th Dist.) (recurring leaks may establish notice despite lack of a single puddle)
Jordan v. Simon Property Group, L.P., 2005-Ohio-4480 (Ohio 11th Dist.) (ongoing defect or pattern may support constructive notice)