Asher v. Glenway Real Estate, L.L.C.

Citations

• 2019 Ohio 4851

Syllabus

NEGLIGENCE/SLIP/FALL – PREMISES LIABILITY – NEGLIGENCE PER SE: Where the hazardous condition, that the back door of a business opened outward and swung wider than the landing at the top of the stairs requiring plaintiff to step back to allow the door to fully open, was not open and obvious, and where genuine issues of material fact existed as to whether defendants premises owners had prior knowledge of the hazardous condition, the trial court erred in granting summary judgment to defendants on plaintiff's negligence claim. Where the statutes that defendants were alleged to have violated merely set forth a general, abstract description of a duty, and did not contain a specific and definite standard of care, a violation of the statutes could not constitute negligence per se, and the trial court did not err in granting summary judgment to defendants on plaintiff's claims for negligence per se.