A customer slips on a wet floor in your public restroom. A delivery driver trips on the steps leading into your office. A vendor is injured when a conference room chair collapses.

Is your business legally responsible?

The answer depends on a variety of factors courts consider in premises liability cases. While the outcome of any premises liability lawsuit depends heavily on the circumstances, some general principles can help property and business owners understand their responsibilities and reduce potential risks.

What responsibility does a property owner have to keep aisles and walkways safe?

Property owners generally should keep aisles and walkways reasonably clear of hazards. That can include electric cords, tools, boxes, spills and other items that could pose a danger to customers, vendors or other visitors.

When an injury occurs, the injured person may argue that the hazard was difficult to detect, while the property owner may contend that the condition should have been noticed and avoided. The specific circumstances surrounding the incident can play an important role in determining liability.

What does “open and obvious” mean in an Ohio premises liability case?

Ohio courts recognize what is known as the “open and obvious” doctrine. Under this principle, a property owner generally may not be responsible for injuries caused by a hazard that a reasonable person would be expected to notice and avoid.

The Ohio Supreme Court addressed the doctrine in a 2002 decision, providing some measure of protection to property owners when a dangerous condition is considered open and obvious.

However, whether a condition qualifies as open and obvious can depend on the circumstances. For example, an injured person may argue that surrounding conditions or distractions prevented them from recognizing the hazard.

Darkness also has been recognized as an open and obvious condition in Ohio. A person who proceeds into a dark and unfamiliar area may have difficulty recovering damages for an injury caused by a hazard that could not be seen because of the darkness.

Is a property owner automatically liable if someone is injured on the premises?

No. The fact that someone was injured on a property does not automatically make the property owner liable.

In many premises liability cases, questions include whether a dangerous condition existed, whether it was concealed, how long it existed and whether the property owner knew or reasonably should have known about it.

These factors can make the outcome of premises liability cases difficult to predict. Even small differences in the circumstances can affect how a court evaluates a claim.

For example, Ohio courts have considered how long a spill or leak existed when determining whether a property owner had sufficient notice to address it. In past cases, differences of only a few minutes have contributed to different outcomes.

Does Ohio have a “two-inch rule” for uneven sidewalks and pavement?

Historically, Ohio courts applied what became known as the “two-inch rule” in cases involving uneven sidewalks, steps and pavement. Under that approach, height differences of less than two inches were generally presumed not to be unreasonably dangerous.

However, that rule is not absolute. Ohio courts have recognized that surrounding circumstances can make even a smaller defect potentially dangerous.

The size of the defect, how long it existed, lighting conditions and activity in the area are among the factors that may be considered when determining liability.

Is a property owner responsible for injuries caused by snow and ice?

In Ohio, injuries caused by snow and ice can present unique premises liability issues. Generally, property owners are not responsible for injuries resulting from the natural accumulation of snow and ice.

Snow that has been packed down by vehicle or foot traffic generally does not become an unnatural accumulation simply because it has been disturbed. Routine snow plowing also does not necessarily create an unnatural condition.

However, liability may become an issue when snow removal or a property defect creates an unusually dangerous or unnatural condition. For example, a defective canopy, leaking downspout or improperly managed snow and ice could affect how a court evaluates a claim.

What can business owners do to reduce premises liability risks?

Property owners should regularly inspect the areas used by customers, employees, vendors and other visitors. Pay particular attention to entrances, sidewalks, parking areas, stairs, aisles and other high-traffic locations.

Address known hazards promptly, maintain appropriate lighting and watch for seasonal conditions that could create additional risks.

Taking time to inspect the approaches to and areas within your place of business can help identify potential hazards before they result in an injury — or a premises liability claim.

_____________

Shawna L. L’Italien, a lawyer in the Salem office of Harrington, Hoppe & Mitchell. She can be reached at (330) 337-6586 or at slitalien@hhmlaw.com.