Sikora v. Wenzel

With this decision we confirm that the doctrine of negligence per se countenances lack of notice of a defective condition as a legal excuse. We reverse the appellate court’s determination that notice is irrelevant and strict liability applies, and instead hold that a violation of R.C. 5321.04(A)(1) (failing to comply with the Ohio Basic Building Code) constitutes negligence per se, but that such liability may be excused by a landlord’s lack of actual or constructive notice of the defective condition.

In Shroades v. Rental Homes, Inc., supra, this court set forth the broad principle that…