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Scheibel v. Lipton, 156 Ohio St. 308, 102 N.E.2d 453, 46 O.O. 177

Facts

Adrian Scheibel was invited to the Lipton residence for a social visit. On the night of the visit, the outside lights were off, and it was dark. Unfamiliar with the premises, Scheibel parked on the street and walked across the lawn towards the front entrance. He stepped into a depression in the lawn, which had been present for months and was known to the defendants, causing him to fall and injure his foot and ankle. The court had to determine the nature of the relationship between Scheibel and the Liptons and the duties owed.

The defendants, Herman and Esther G. Lipton, are husband and wife and with their children lived at 222 Upland avenue in Youngstown. The residence, the title to which stood in the name of Mrs. Lipton, was located on a lot approximately 50 feet in width on the north side of Upland avenue and the house sat back from the sidewalk line some 30 or 40 feet.

Issue

The main legal issue was whether the defendants owed a duty of care to the plaintiff, who was a social guest, regarding the condition of their premises.

The problem before the court is to determine the relationship existing and the duties owed as between the defendants and the plaintiff, Adrian Scheibel, who was upon defendants' premises as a social guest by invitation.

Rule

A host is not an insurer of the safety of a guest and owes a duty to exercise ordinary care not to cause injury to the guest by any act or known dangerous condition. A social guest is considered a licensee and the host is only required to warn of known dangers that the guest is unlikely to discover.

A host is not an insurer of the safety of a guest while upon the premises of the host and there is no implied warranty on the part of a host that the premises to which a guest is invited by him are in safe condition.

Analysis

The court analyzed the relationship between the plaintiff and the defendants, concluding that Scheibel, as a social guest, was a licensee. The court found that the defendants had no obligation to fill the depression in the lawn or to provide lighting, as the condition was not deemed dangerous enough to require a warning. The court emphasized that the plaintiff's choice to walk across the lawn in the dark was not within the reasonable expectations of the hosts.

The court has not heretofore decided a case involving this precise question. The rules announced in the above case were approved in Cleary v. Eckart, 1926, 191 Wis. 114, 210 N.W. 267, 51 A.L.R. 576.

Conclusion

The Supreme Court of Ohio reversed the judgment of the Court of Appeals, ruling in favor of the defendants, stating that they were not liable for the injuries sustained by the plaintiff.

Judgment of Court of Appeals reversed and final judgment rendered for defendants.

Who won?

Defendants (Herman Lipton and others) prevailed because the court found that they did not owe a duty to ensure the safety of the lawn condition for their social guest.

Defendants, Herman Lipton and others, prevailed because the court held that where defendants provided a paved walk from the front door to the driveway defendants could not reasonably be required to go further and fill all depressions and level all mounds in the front yard.

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