In the case of Johnson v. Cincinnati Metro. Hous. Auth., 2022-Ohio-26, the First District Court of Appeals held that a violation of the Landlord-Tenant Act does not expressly impose liability on a political subdivision as required by R.C. 2447.02(B)(5).
Here, a tenant sued the Cincinnati Metropolitan Housing Authority (“CMHA)” for violations of the Landlord-Tenant Act and for negligence after she slipped and fell on a rubber mat placed at the top of the stairs of her house while she was going downstairs. The CMHA argued that it was immune from liability under the Political Subdivision Tort Liability Act because none of the exceptions of R.C. 2744.02(B) applied.
The Court of Appeals reasoned that the Ohio Supreme Court already established that the Landlord-Tenant Act does not expressly impose liability on a political subdivision as required by R.C. 2447.02(B)(5) and thus the CMHA was entitled to immunity on those claims. However, with respect to the negligence claim, the Court decided that the case had to be remanded to the trial court to determine whether the mat was a “physical defect” under the physical defect exception of R.C. 2744.02(B)(4) when the mat was not in the position it was supposed to be and moved when stepped on.
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.