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CRUG Wins Personal Injury Suit by Tenant Against Landlord

 

Beverly Adams and Kurt Anderson recently won summary judgment for their client in a complex landlord-tenant slip-and-fall claim in Geauga County Court of Common Pleas.  The court dismissed the lawsuit ruling that 1) the lack of a handrail was an open-and-obvious hazard, 2) the handrail requirements in the building code in effect at the time of the fall did not apply where the former tenant’s lease pre-dated the adoption of the code, 3) where the former tenant agreed he was carrying items and only reached for a handrail after missing a step, it was speculative whether any handrail would have prevented the fall, and 4) any claim for injuries was barred by the tenant’s failure to assert it as a counterclaim in the landlord’s action for eviction and recovery of damages for rent and property damage.