In the case of Hensel v. Siegfried Ents., Inc., 2021-Ohio-2137, the Sixth District Court of Appeals held that a fast-food restaurant was not liable for a customer’s alleged injury suffered after a fall in the ice and snow-covered parking lot.
Here, the customer argued that an exception to the “no duty winter rule” existed because there was an unnatural accumulation of snow and ice, and the line in the drive thru created an unavoidable risk for the customer. The Court of Appeals disagreed.
The Court reasoned that the customer showed no evidence of a man-made increased risk to qualify as an exception to the rule and the customer was aware of the increased risk of the natural elements in the parking lot because she was wearing winter boots.
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.