In the case of Durfor v. W. Mansfield Conservation Club, 2022-Ohio-416, the Ohio Third District Court of Appeals held a child who was injured at a community fair held on a private club’s property was not an “invitee.”
Here, the parent argued that the child was an invitee and, therefore, asserted that the private club had a duty to the child to exercise ordinary care for the child’s safety and protection. The private club instead argued that the child was a licensee and, therefore, asserted that the club had no duty to the child except to refrain from wantonly or willfully causing injury and is not liable for ordinary negligence. The Court agreed with the private club.
The Court concluded that the child was not an invitee as the child did not rightfully come upon the premises of the private club by invitation, express or implied, for some purpose which is beneficial to the private club. In support of this conclusion, the Court applied an “economic-or tangible-benefit” and found that – in this case – the mere acts of the private club advertising the community fair around town, making money off a fish fry, and benefitting from people seeing the premises did not amount to either a tangible or economic benefit for the private club. The Court went on to explain that the child simply went to the community fair to “have fun.” As a result, the private club had no duty to the child except to refrain from wantonly or willfully causing injury – which the Court noted was not even pled in this case.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.