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Ex. DUT-OH-017 Standing duty Primary source read

Court decision

Eicher v. United States Steel Corp., 32 Ohio St.3d 248 (1987) (decided September 2, 1987)

Supreme Court of Ohio (per curiam; No. 86-1793) · Ohio (Court)

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The COVID Project

The record

Jurisdiction
Ohio
Level
Court
Authority
Ohio Const. art. IV, sec. 2 (appellate jurisdiction)
Issued
1987-09-02 Sept. 2, 1987
Effective
1987-09-02 (controlling construction of R.C. 4101.11 throughout 2020 Q2 to 2021 Q3) (read as 1987-09-02)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 2, 1987 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers; owners or occupiers of premises; the duty runs to employees, invitees and frequenters
Character
adjudication
Collection
Standing duties: Ohio DUT-OH

Operative words

R.C. 4101.11, is commonly referred to as the 'frequenter statute'... [the duty it imposes] is no more than a codification of the common-law duty owed by an owner or occupier of premises to invitees, requiring that the premises be kept in a reasonably safe condition, and that warning be given of dangers of which he has knowledge.

Penalty

Civil liability for breach of the statutory and common-law duty

What it required

Construed R.C. 4101.11 as the codified duty of every employer, as owner or occupier of the place of employment, to keep the premises 'in a reasonably safe condition' for employees and frequenters and to warn of known dangers, the standard of care against which an Ohio employer's pandemic measures were measured in tort. Character as recorded: adjudication (workplace_duty layer).

Retrieval note

Official reporter text from the Caselaw Access Project (Harvard Law School Library), 32 Ohio St.3d 248-251. the exhibit was rendered directly with the tool's own headless-Edge command and flags, and the sha256 is of the file so produced. The quoted sentence is the court's statement of the rule from Westwood v. Thrifty Boy, 29 Ohio St.2d 84 (1972). The court held that the duty does not extend to hazards inherent in the work of an independent contractor's employee; that limitation is not in issue here.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.