During the past snow storm, one of our tenants fell on some black ice in the parking lot. We did everything possible to plow and salt the area, but it was an extremely bad snow storm, considered the worst since the 90s. Hasn't there been a recent change in the law regarding responsibility when an effort has been made to keep the area clear? This is a large apartment complex in Ohio.

You need to call your local code enforcement people and then your insurance carrier to determine your liability... it may well be contracting with local snow clearing company along with other landlords in your area to get to your property(ies) FIRST when the snow stops.

We have our own snow removal equipment, which is why we are on top of the snow removal. This comes down to whether the tenant has any responsibility to take necessary care in walking in a parking lot knowing that the paving could have ice on it. We do everything possible NOT to use out insurance carrier. Depending on the cost of the medical care, we probably will not turn this claim in either.

I'm not familiar with case law in Ohio but I think a major factor is how long it took the landlord to address the snow removal and how long after the storm the tenant was walking in the parking lot. If there is no way that the snow and ice could have been removed by the time the tenant was walking there, or if the landlord was in the process of clearing and salting when it happened, then the landlord might not be held liable. The tenant's timing and the due diligence of the landlord is the key.