Is Indoor City Swimming Pool a 'Government Building' Subject to Premises Liability Claims Under Sovereign Immunity Law?
Where Exception to Immunity Allows Claims Arising From 'Defect in Government Building'
Michael L. Hawsman, minor v. City of Cuyahoga Falls et al., Case no. 2011-1588
Ninth District Court of Appeals (Summit County)
ISSUE: Does the exception to political subdivision immunity set forth in R.C. 2744.02(B)(4) for “injury or loss due to physical defects within ... buildings that are used in connection with the performance of a governmental function, including but not limited to office buildings and courthouses ... ” apply to injuries suffered by a patron of a city-owned indoor swimming pool due to alleged faulty maintenance of a diving board?