In the case of Milatz v. Cincinnati, 1st Dist. Hamilton No. C-180272, 2019-Ohio-3938, an Ohio appellate court held that the faulty assembly of a safety utility box was not an “attendant circumstance” — i.e., a distraction that causes someone to suffer an injury — to obviate an open and obvious hazard.
In this case, an attendee to a local festival tripped over an improperly assembled safety utility box (devices placed on the ground over wires to prevent people from tripping) and suffered several injuries. The attendee brought a legal claim against the city, a chamber of commerce, and the assembling company arguing they were negligent in failing to properly assemble the safety utility box. The trial court held that the safety utility box constituted an open and obvious hazard and, thus, granted the city, the chamber of commerce, and the assembling company summary judgment.
The Ohio appellate court held that the city, the chamber of commerce, and the assembling company were not liable for the injuries because the box’s poor assembly did not constitute an “attendant circumstance.” In its holding, the Ohio appellate court reasoned that the poor assembly was not an “attendant circumstance” because the safety utility box maintained clear visibility.
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 always changing like the 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.