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University is Not Liable for Injury From a Broken Seat

In the case of South v. Cleveland State Univ., 2023-Ohio-4328, an appellate court held that the university was not liable for a concert attendee’s injuries sustained when a concert seat broke when she sat down as there was no duty to individually inspect 14,000 seats before each performance.

In this case, the attendee argued that the university should have independently inspected every seat to ensure that there was no defect which would cause the seat to break. In response, the university argued that the center had 14,000 seats, so an inspection of each seat individually would not be reasonable. The appellate court agreed with the university.

In support of its decision in favor of the university, the appellate court explained that the standard of care that the university must show to invitees is to conduct reasonable inspections, not to conduct all available inspections. The appellate court further explained that there was no evidence in the record to imply that the university did not perform a visual inspection of the seats before the accident.

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.

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