Christen v. Don Vonderhaar Market & Catering, Inc., 2006-Ohio-715 – violation of Ohio Basic Building Code raises sufficient inference of negligence to survive summary judgment
Defendant was granted summary judgment in a slip-and-fall case, and Plaintiff appealed. While delivering goods to Defendant’s store, Plaintiff injured his back when he fell down a set of wet stairs that lacked a slip-resistant surface. Trial court granted summary judgment because Plaintiff could not say whether the fall was caused by a slip or a trip. Appellate court reversed. Failure to apply slip-resistant material to staircase surfaces is a violation of the Ohio Basic Building Code, and such a violation—while not negligence per se—raises sufficient evidence of negligence to create a genuine issue of material fact and preclude summary judgment. The case was remanded for further proceedings.
This post was written by Jeffrey M. Nye.
