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Slip and Fall Case May Set Ohio Precedent for Establishing Liability

Dec 3, 2013
2 min read

franklin county court ohio

Establishing liability in weather-related Ohio slip and fall cases is difficult. The Supreme Court has maintained a well established position that home and business owners do not have an obligation to remove “natural accumulation” of snow and ice from their premises. Social visitors and business invitees can be expected to make a determination on their own involving weather conditions and potential hazards. We see this in the cases of Sidle v. Humphrey (1968) and Brinkman v. Ross (1993).

Slip and Fall Due to “Unnatural” Accumulation of Ice and Snow

In Cain v. McKee Door Sales (2013), the counsel for plaintiff is arguing that her slip and fall was due to an “unnatural” accumulation of ice and snow. The “unnatural” accumulation is being attributed to improper parking lot design that produced a trough which gathered ice and snow unnaturally.

The case was originally ruled in the Franklin County Court of Common Pleas in favor of the defendants. The plaintiff sought an appeal through the Tenth District Court. On September 26, 2013, the District Court reversed the summary judgment granted earlier. The case has been remanded for further proceedings.
The outcome of this case will have serious implications concerning precedent for future slip and fall cases in Ohio. At McKenzie & Snyder LLP we are experienced slip and fall and personal injury attorneys. We will continue to monitor this case as it develops and any ramifications based upon the judgment of the Supreme Court.
Written by [Andrew Tobergte](https://plus.google.com/117238333246820534693)

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