nondelegable duty exception in Ohio

2011“Employers are held liable under the traditional nondelegable duty exception because the nature of the work contracted involves the need for some specific precaution, such as a railing around an excavation in a sidewalk, or the work involved is inherently dangerous, such as blasting.” Albain v. Flower Hosp. (1990), 50 Ohio St.3d 251, 262 , 553 N.E.2d 1038 , overruled in part on other grounds by Clark.

2011“Employers are held liable under the traditional nondelegable duty exception because the nature of the work contracted involves the need for some specific precaution, such as a railing around an excavation in a sidewalk, or the work involved is inherently dangerous, such as blasting.” Albain v. Flower Hosp. (1990), 50 Ohio St.3d 251, 262 , 553 N.E.2d 1038 , overruled in part on other grounds by Clark.

2021As to the first aspect of the nondelegable duty doctrine, a “landlord” who is under a duty to provide specified safeguards or precautions for the safety of others as created by statute or by administrative regulation, “‘is subject to liability to the others for whose protection the duty is imposed for harm caused by the failure of a contractor employed by him to provide such safeguards or precautions.’” Shump v. First Continental-Robinwood Assocs., 71 Ohio St.3d 414 , 421, 1994-Ohio- 427, 644 N.E.2d 291 , quoting 2 Restatement of the Law 2d, Torts, Section 424 (1965).

2021As to the first aspect of the nondelegable duty doctrine, a “landlord” who is under a duty to provide specified safeguards or precautions for the safety of others as created by statute or by administrative regulation, “‘is subject to liability to the others for whose protection the duty is imposed for harm caused by the failure of a contractor employed by him to provide such safeguards or precautions.’” Shump v. First Continental-Robinwood Assocs., 71 Ohio St.3d 414 , 421, 1994-Ohio- 427, 644 N.E.2d 291 , quoting 2 Restatement of the Law 2d, Torts, Section 424 (1965).

2012Constr., L.L.C., 192 Ohio App.3d 69 , 2011-Ohio-237 , ¶ 38 (2d Dist.) Therefore, the nondelegable-duty doctrine does not abrogate statutory immunity for a political subdivision.

2009Family Health Ctr. , 68 Ohio St. 3d 435 , syllabus (1994).

2009Under the nondelegable duty exception, "[liability is premised on the peculiar risks and special precautions attendant to the work itself, not upon a `holding out' by an employer that it has assumed a particular duty." Id. {¶ 14} Mr. Alvarez has not identified any peculiar risks associated with placing rugs on a floor that would suggest that the bank had a nondelegable duty to assure that they were laid flat.

1990Co. v. Miller (1936), 131 Ohio St. 424 , 6 O.O. 119 , 3 N.E. 2d 360 , paragraphs one through four of the syllabus (duty to refrain from interfering with the right of the public to safe and unimpeded use of highways and streets, and the duty to keep premises reasonably safe); Strayer v. Lindeman (1981), 68 Ohio St. 2d 32 , 22 O.O. 3d 159, 427 N.E. 2d 781 , at syllabus (duty of a landlord to exercise reasonable care in proceeding with repairs).

1990Co. v. Miller (1936), 131 Ohio St. 424 , 6 O.O. 119 , 3 N.E. 2d 360 , paragraphs one through four of the syllabus (duty to refrain from interfering with the right of the public to safe and unimpeded use of highways and streets, and the duty to keep premises reasonably safe); Strayer v. Lindeman (1981), 68 Ohio St. 2d 32 , 22 O.O. 3d 159, 427 N.E. 2d 781 , at syllabus (duty of a landlord to exercise reasonable care in proceeding with repairs).

1990Co. v. Miller (1936), 131 Ohio St. 424 , 6 O.O. 119 , 3 N.E. 2d 360 , paragraphs one through four of the syllabus (duty to refrain from interfering with the right of the public to safe and unimpeded use of highways and streets, and the duty to keep premises reasonably safe); Strayer v. Lindeman (1981), 68 Ohio St. 2d 32 , 22 O.O. 3d 159, 427 N.E. 2d 781 , at syllabus (duty of a landlord to exercise reasonable care in proceeding with repairs).

1990Co. v. Miller (1936), 131 Ohio St. 424 , 6 O.O. 119 , 3 N.E. 2d 360 , paragraphs one through four of the syllabus (duty to refrain from interfering with the right of the public to safe and unimpeded use of highways and streets, and the duty to keep premises reasonably safe); Strayer v. Lindeman (1981), 68 Ohio St. 2d 32 , 22 O.O. 3d 159, 427 N.E. 2d 781 , at syllabus (duty of a landlord to exercise reasonable care in proceeding with repairs).

1990At least two lower courts have extended the nondelegable duty exception to a hospital providing independent physicians in the operating room, Stratso v. Song (1984), 17 Ohio App. 3d 39 , 17 OBR 93, 477 N.E. 2d 1176 (anesthesiologist), and to a hospital contracting with third-party physicians to operate the hospital’s emergency room facility, Griffin v. Matthews (1987), 36 Ohio App. 3d 228 , 522 N.E. 2d 1100 .

1990At least two lower courts have extended the nondelegable duty exception to a hospital providing independent physicians in the operating room, Stratso v. Song (1984), 17 Ohio App. 3d 39 , 17 OBR 93, 477 N.E. 2d 1176 (anesthesiologist), and to a hospital contracting with third-party physicians to operate the hospital’s emergency room facility, Griffin v. Matthews (1987), 36 Ohio App. 3d 228 , 522 N.E. 2d 1100 .

1990At least two lower courts have extended the nondelegable duty exception to a hospital providing independent physicians in the operating room, Stratso v. Song (1984), 17 Ohio App. 3d 39 , 17 OBR 93, 477 N.E. 2d 1176 (anesthesiologist), and to a hospital contracting with third-party physicians to operate the hospital’s emergency room facility, Griffin v. Matthews (1987), 36 Ohio App. 3d 228 , 522 N.E. 2d 1100 .

1990At least two lower courts have extended the nondelegable duty exception to a hospital providing independent physicians in the operating room, Stratso v. Song (1984), 17 Ohio App. 3d 39 , 17 OBR 93, 477 N.E. 2d 1176 (anesthesiologist), and to a hospital contracting with third-party physicians to operate the hospital’s emergency room facility, Griffin v. Matthews (1987), 36 Ohio App. 3d 228 , 522 N.E. 2d 1100 .