Ohio Court Affirms Summary Judgment in Open and Obvious Slip and Fall

In a slip and fall action arising after a business invitee struck her toe on a raised threshold when she walked through the door, the trial court in Dintino v. Hanger et al., did not err in granting summary judgment based on the condition being open and obvious. The Court also concluded that the claim of negligence per se based on a building code violation was without merit since the building code consisted of administrative rules, rather than legislation. Therefore, a violation did not constitute negligence per se and the open and obvious doctrine still applied.

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