In the case of Wright v. Williamsport, 2019-Ohio-2682, an Ohio appellate court held that statutory immunity will not shield a village from liability for the failure to warn a construction worker of dangers on the property.
In this case, a village hired a contractor to perform repairs to the roof of a village building. While inspecting the roof, the contractor suffered several injuries after falling through a sky light that was painted to match the roof. The contractor then sued the village for failing to warn the contractor of the painted sky lights.
The village argued that statutory immunity under R.C. Chapter 2744 shielded the village from liability. In response, the contractor argued that an exception to statutory immunity existed because village employees were negligent by failing to warn the contractor of the painted sky lights.
The Ohio appellate court agreed with the contractor and found that village employees had a duty to warn the contractor of the danger of falling through a concealed skylight and the failure to do so constituted sufficient negligence to remove statutory immunity.
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.