Ohio Supreme Court Clarifies Exception to Political Subdivision Immunity

Of interest to cities, counties, schools, townships, villages and other numerous public entities across Ohio, the Ohio Supreme Court recently clarified what counts as a “physical defect” under Ohio law.

In Hoskins v. City of Cleveland, 2026-Ohio-1225, the Ohio Supreme Court considered the physical defect exception to political subdivision immunity contained in R.C. 2744.02(B)(4) and held that “[t]he commonly understood meaning of ‘physical defect’ is a material imperfection that impairs the quality, function, or utility of something” requiring evidence of a “tangible imperfection. The Court rejected arguments that a blind spot or an uncomfortable chair were physical defects and notably distanced itself from its decision in Doe v. Greenville City Schools, 2022 Ohio 4618.

In Hoskins, the Plaintiff sought recovery for a drowning death at a public pool owned by the City of Cleveland, contending that the lifeguard’s decision to sit in a folding chair rather than an elevated chair rendered her incapable of seeing all swimmers in the pool. In reversing the 8th District’s decision to affirm summary judgment, the Court distinguished the lifeguard’s decision to sit in a certain chair from any flaw or defect with the chair.

This ruling reinforces the limits on liability under Ohio’s political subdivision immunity framework. With legal definitions continually evolving, Isaac Wiles’ public law group can help when political subdivision and their employees need expertise on this and other public law topics.