LACOURSE v. FLEITZ

No. 86-311.

28 Ohio St. 3d 209 (1986)

LACOURSE, APPELLEE, v. FLEITZ, APPELLANT.

Supreme Court of Ohio.

Decided December 26, 1986.


Attorney(s) appearing for the Case

Gary W. Osborne, for appellee.

Marc J. Meister, for appellant.

Arter & Hadden and Eric H. Zagrans, urging reversal for amicus curiae, Ohio Association of Civil Trial Attorneys.


CLIFFORD F. BROWN, J.

The sole question posed by this appeal is whether a landlord has a duty, at common law or by virtue of R.C. 5321.04(A)(3), to keep common areas of the leased premises free of accumulated ice and snow. We hold that no such duty exists, and we therefore reverse the judgment of the court of appeals.

The common law of this state has never recognized a duty on the part of landlords to clear naturally accumulated ice and snow from common areas...

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