Westwood v. Thrifty Boy Super Markets, Inc.

Schíteidee, J.

The question before us is whether the defense of assumption of risk is available to an “employer,” as defined in R. C. 4101.01(C),1 in an action against him brought by a “frequenter,” as defined in R. C. 4101.-01(E),2 alleging a violation of R. C. 4101.113, a safe-place statute. We hold that the defense is available and, therefore, affirm.

By statutory definition, “frequenter” embraces business invitee, and “employer” is equivalent to an owner or occupier of premises. Concededly, at the time of her injuries, appellant was on the premises of appellees as a frequenter or business…