Sikora v. Wenzel

88 Ohio St. 3d 493 · Ohio Supreme Court · 2000

Facts

A landlord, Wenzel, was found strictly liable by an appellate court for a defective deck, violating R.C. 5321.04(A)(1), despite lacking actual or constructive notice of the defect. The City had approved the condition, and Wenzel had no reason to know of the underlying issue. The appellate court held notice was irrelevant and strict liability applied.

Issue

Does a landlord's lack of actual or constructive notice of a defective condition excuse liability for a violation of R.C. 5321.04(A)(1) or (A)(2), which constitutes negligence per se?

Holding

Yes. The court reversed the appellate court, holding that a landlord's lack of actual or constructive notice of a defective condition excuses liability for negligence per se under R.C. 5321.04(A)(1) or (A)(2).

Rule

A violation of R.C. 5321.04(A)(1) or (A)(2) (landlord's duty to comply with building codes or make repairs) constitutes negligence per se. However, liability for such negligence per se is excused if the landlord neither knew nor should have known of the factual circumstances causing the violation.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.