News// January 2019

A "Slip and Fall" Win for Business and Property Owners

Dayton, Ohio,

Mark Engling continued Freund, Freeze & Arnold’s work defending the rights of business and property owners by securing summary judgment dismissing the allegations of a plaintiff claiming a “slip and fall” in a parking lot on ice caused injury. Under the proven facts, the court correctly found the allegedly injured plaintiff did not have a claim worthy of a jury trial because Ohio law did not require Mark’s clients to protect the plaintiff from parking lot ice where the plaintiff knew about the ice, the fall happened during wintertime in Ohio, and the plaintiff failed to satisfy her burden of proof, as required by Ohio law, concerning her speculative unsubstantiated guesswork about possible downspout defects. To be fair, there were no actionable defects in the first place.

Freund, Freeze & Arnold regularly represents retail store owners, commercial and residential landlords, homeowners and other premises owners in defense of lawsuits arising from liability associated with the ownership and/or control of premises. Our attorneys have extensive experience in motion practice and trial defense of these claims which may arise in either state or federal courts in the tri-state region of Ohio, Kentucky and Indiana.

About Freund, Freeze & Arnold

Freund, Freeze & Arnold, a full-service and leading defense litigation firm, serves its clients with 30 attorneys in three Ohio offices: Dayton, Columbus, and Cincinnati. Founded in 1984, it ranks among the Best Law Firms as identified by Best Lawyers and U.S. News. Freund, Freeze & Arnold serves a growing, loyal base of clients with innovative thinking and in-depth understanding of complex legal issues.