SIKORA v. WENZEL

Nos. 99-1301 and 99-1323.

88 Ohio St.3d 493 (2000)

SIKORA, APPELLEE, v. WENZEL, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided May 24, 2000.


Attorney(s) appearing for the Case

Dyer, Garofalo, Mann & Schultz and Douglas A. Hess, for appellee.

Young & Alexander Co., L.P.A., Mark R. Chilson, Jill S. Patterson and Allison D. Michael, for appellant.

Buckingham, Doolittle & Burroughs, L.L.P., and Jacqueline Marks Dossi, urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Havens Willis L.L.C., William L. Willis, Jr., and Michael J. Sikora III, urging reversal for amicus curiae Ohio Apartment Association.


COOK, J.

With this decision we confirm that the doctrine of negligence per se countenances lack of notice of a defective condition as a legal excuse. We reverse the appellate court's determination that notice is irrelevant and strict liability applies, and instead hold that a violation of R.C. 5321.04(A)(1) (failing to comply with the Ohio Basic Building Code) constitutes negligence per se, but that such liability may be excused by a landlord...

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