In the case of Robertson v. St. Clare Commons, 6th Dist. Wood No. WD-18-086, 2019-Ohio-3930, an Ohio appellate court held that the open and obvious risk doctrine may still apply to disabled individuals who are otherwise of sound mind and independent mobility.
In this case, a resident of a skilled care facility using a motorized wheelchair to travel drowned in a pond located on the skilled care facility’s grounds. The executor of the estate of the resident brought a legal claim against the facility, arguing that the facility was negligent.
Generally, defendants are not liable to decedents who die from open and obvious risks located on a defendant’s property. Narrow exceptions exist in cases where a child is of such a tender age that the child has not developed the mental capacity to appreciate open and obvious risks.
Thus, the Ohio appellate court held that the skilled care facility owed no duty of care to the resident because the resident was an adult of sound mind and was able to appreciate the open and obvious risk of the lake.
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.