Weinkauf v. Pena

Citations

• 2020 Ohio 3293

Syllabus

The trial court did not err in its grant of summary judgment. A social host does not have a duty to repair his or her premises for a guest, but only (1) in any act or activities, to exercise ordinary care not to cause injury to the guest and (2) to warn the guest of any condition of which the host knows and reasonably should consider dangerous, \if the host has reason to believe that the guest does not know and will not discover such dangerous condition.\ Here, where the guest knew and discussed that a rug was curled up, the host had no further duty to warn against that condition. The guest's actual knowledge removed this case from \open and obvious\ analysis, and the guest's decision to chase a small boy around the house was not an \attendant circumstance\ beyond her control in any event. Further, the \eggshell skull\ rule of damages does not alter the threshold question of liability here. Judgment affirmed.