The express assumption of risk established in section 4175.06 of the Revised Code serves as a complete defense against liability in a tort or other civil action against a climbing facility operator by a climber for injuries resulting from the assumed risks of climbing enumerated in that section. The contributory fault provisions of sections 2315.32 to 2315.36 of the Revised Code do not apply unless the operator has breached the operator’s duties under section 4175.03 or 4175.08 of the Revised Code.

Terms Used In Ohio Code 4175.07

  • Climber: includes any person entering a climbing facility as an invitee, whether or not the person pays consideration to enter. See Ohio Code 4175.01
  • Climbing facility operator: means a person who owns, manages, controls, directs, or has operational responsibility for a climbing facility. See Ohio Code 4175.01
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

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