Lead Opinion
The sole question posed by this appeal is whether a landlord has a duty, at common law or by virtue of R.C. 5321.04(A)(3), to keep common areas of the leased premises free of accumulated ice аnd snow. We hold that no such duty exists, and we therefore reverse the judgment of the court of appeals.
The common law of this state has never recognized a duty on the part of landlords to clear nаturally accumulated ice and snow from common areas of the leased premises. This court has held that “[t]he dangers from natural accumulations of ice and snow are ordinarily so obvious and aрparent that a landlord may reasonably expect that a tenant * * * will act to protect himself against them.” DeAmiches v. Popczun (1973),
This court has repeatedly held that an owner of property is not liable for injuries to business invitees who slip and fall on natural accumulations of ice and snow. See, e.g., Debie v. Cochran Pharmacy-Berwick, Inc. (1967) ,
We are aware that Debie, Jeswald and Mikula involve the liability of a business owner or occupier for injuries sustained by a business invitee,
It may be argued that a landlord accepts the benefits of paying tenants and should therefore be charged with the responsibility of taking reasonable steps to ensure their safety. It could be said that a landlord is in the better position to take action to clear accumulated snow and ice, since he owns the property and has the easiest access to all common areas. However, these arguments are no less applicable to business owners. They invite business visitors to enter the premises in hopes of receiving a benefit from them. They are in the best position to keep their property free of accumulated snow and ice. We have declined to elevate these arguments ovеr the more compelling reasoning that the business owner is justified in assuming that his visitors are/perceptive enough to observe the conditions and prudent enough to proceed with caution. Moreover, the accumulation of ice and snow is not chargeable to the owner, who did not create it. This natural and unconcealed condition is distinguishable from other conditions, such as a loose stair railing or оpen elevator shaft, which are often not obvious to the user.
Appellee has not alleged that appellant’s knowledge of the risk posed by the ice accumulated on the front step was superior in any way to her own, or that appellant had notice that the conditions on that spot were substantially more dangerous than those prevailing generally. There is nothing to indicate that the dangers posed by the accumulation were not obvious to appellee. In fact, appellee stated in her deposition that she was aware that there was ice on the patio step and that she appreciated the danger it posed. She acknowledged that ice and snow conditions prevailed generally in the area.
We also reject appellee’s argument thаt R.C. 5321.04(A)(3) imposes a duty on the defendant landlord to keep common areas free from accumulated ice and snow. The statute, which was enacted as part of the Landlords and Tenants Act of 1974, provides:
“A landlord who is a party to a rental agreement shall:
“(3) Keep all common areas of the premises in a safe and sanitary condition.”
We do not agree with appellee’s contention that the legislature intended by this provision to impose а duty on landlords to clear accumulated snow and ice from the common areas of the leased premises.
Appellee directs this court’s attention to our statements in Shroades v. Rental Homes (1981),
We agree with the proposition that the Act should be read liberally in favor of tenants’ rights, but we do not advocate a reading of R.C. 5321.04(A)(3) which would impose a duty on landlords to clear accumulated ice and snow from common areas. It is a firm principle of statutory construction that liability imposed by statute shall not be extended beyond the clear import of the terms of the statute. Weiher v. Phillips (1921),
There is no indication to be found in the language of R.C. 5321.04 (A)(3) that the legislature intended by its enactment to impose a novel duty on landlords to keep common areas free of ice and snow. No mention is made of such conditions. The statute merely states that the landlord shall keep common areas “safe and sanitary * * It would be judicially untenable to expand this phrase to create liability for injuries resulting from the natural accumulation of ice and snow. We are not free to add words to a statute on the basis that the addition strikes us as desirable, or because wе believe the legislature “meant” to include it. Wheeling Steel Corp. v. Porterfield (1970),
An order granting a motion for summary judgment will be upheld where, construing the evidence most favorably in favor of the non-moving party, the record discloses no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Houk v. Ross (1973),
Accordingly, based on the foregoing, we hold that R.C. 5321.04(A)(3) does not impose a duty on landlords to keep common areas of the leased рremises clear of natural accumulations of ice and snow.
The judgment of the court of appeals is therefore reversed.
Judgment reversed.
Dissenting Opinion
dissenting. I respectfully dissent from the majority opinion because R.C. 5321.04(A)(3) clearly imposes a stаtutory duty upon landlords to “[k]eep all common areas of the premises in a safe * * * condition * * (Emphasis added.) I believe, therefore, that when accumulations of ice and snow render the common areas of a rented residential premises unsafe, then the landlord has a statutory duty to remedy that condition. This does not mean that landlords should be held to an unreasonable standard of conduct. Rather, a landlоrd should be held liable for injuries sustained as a proximate result of the unsafe condition of a common area only when the landlord received notice or had prior knowledge of the unsafe conditiоn, or when the tenant had made reasonable, but unsuccessful, attempts to notify the landlord of the unsafe condition. See Shroades v. Rental Homes (1981),
Ohio’s Landlords and Tenants Act was designed, in large part, to afford some statutory prоtection to residential tenants. As noted in Shroades v. Rental Homes, supra, at 21-22, the Act “changed the previous common law relationship of landlords and tenants under residential rental agreements.” As such, obligations imposed upon landlords by the Act take precedence over common-law principles that might relieve landlords of responsibility for the unsafe or unsanitary condition of residential rental units.
In this case, the Act must be interpreted to protect tenants, such as the elderly, who may not have the physical capability or economic wherewithal to remove unsafe accumulations of ice and snow from the common areas of rental premises. Such an interpretation would be consistent with this court’s prior pronouncements, e.g., Shroades v. Rental Homes, supra, and would be in line with the view of a majority of the jurisdictions that have addressed this issue.
Becausе the plaintiff properly alleged that the defendant landlord had violated a statutory duty imposed by R.C. 5321.04(A)(3), and because the statute in question overrides the pre-existing common-law relationship between lаndlord and tenant in this area, I would affirm the court of appeals and remand this cause to the trial court.
Notes
It is interesting to note that many of the jurisdictions which hold that a landlord has a duty to remove unsafe aсcumulations of ice and snow from the common areas of rental premises (1) have done so without the guidance of a landlord-tenant statute, and (2) have climates that are similar to or more sevеre than that of Ohio.
The instant case is readily distinguished from Lopatkovich v. Tiffin (1986),