Di Gildo v. Caponi

Appellant argues that infancy cannot vary a social host’s duty to his guests, and that the facts in this case show no violation of a landoccupier’s duty to his infant social guest, as a matter of law. We do not agree and, therefore, affirm.

*127Liability for negligence is predicated upon injury caused by the failure to discharge a duty owed to the injured party. Feldman v. Howard, 10 Ohio St. 2d 189; Grossnickle v. Germantown, 3 Ohio St. 2d 96, 103; Schell v. DuBois, 94 Ohio St. 93; 39 Ohio Jurisprudence 2d 482, Negligence, Section 2.

The amount of care required of a person to establish whether he…