Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Leasing Hotline
No Duty to Warn of Snow and Ice
Where a danger is open and obvious, no duty to warn exists; a landlord fulfills its duty to take responsibility for snow and ice maintenance by contracting with an outside company to remove the snow and ice. Brockman v. Terminal Warehouse, Inc., et al., C.A. No. 23258, Court of Appeals of Ohio, Ninth Appellate District, Summit County, Jan. 24, 2007.
Brockman was employed by Terpco, which leased space from Terminal Warehouse. Brockman suffered injuries when he slipped and fell on ice in a parking lot owned by Terminal Warehouse. He commenced an action against Terminal Warehouse. Terminal Warehouse moved for summary judgment, which was granted. The appellate court affirmed. It held that Brockman was a business invitee on Terminal Warehouse property and that under Ohio law an owner is not liable for injuries to business invitees who slip and fall on natural accumulations of ice and snow. Furthermore, Terminal Warehouse was not liable because it entered into a snowplowing contract between itself and Fertig Construction and had, therefore, fulfilled its duty to take responsibility for grounds maintenance. Moreover, the open and obvious doctrine obviated the duty to warn and acted as a complete bar to any negligence claims.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.