COLUMBUS, Ohio - The icicle invasion continues across central Ohio in the wake of the last winter blast.
From falling ice Downtown to icicles on area apartment buildings, churches and businesses, it is easy to get hit by winter if you are not paying attention, and the law may not be on your side if it happens.
While many have come to believe that a building's owner or occupant is responsible for clearing ice overhead, Columbus-based personal injury attorney Mark Kitrick says that's rarely the case.
"The test is simple: is it a natural accumulation of ice, or is it an unnatural accumulation," Kitrick asks. "If it's a natural accumulation and you can reasonably expect to see that kind of ice or that condition, then there's no duty of the landlord to do anything ... It's just basically you're on your own."
While state laws vary, for court cases to go forward here in Ohio the ice buildup has to be unnatural, perhaps because of a problem with the building. Kitrick explains that expectations are key in determining whether an injured party can pursue legal action against a property owner.
"Ninety-percent of the time we have to tell people you have no case," Kitrick says, though he adds that those who attempt to clear ice risk legal action if they do not complete the job.
"If a landlord or somebody who owns premises takes it upon themselves to try to correct it, they've got to do that reasonably. They can't do a halfway job," Kitrick says.
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