The McGuire family rented a second-story apartment from K & G Management, which managed a residential complex on behalf of Avant Co. Robin McGuire notified K & G that a window screen was loose in her son’s bedroom, and had fallen out once. Neighbors had also complained about loose-fitting screens. Five days after Robin reported the loose screen, her son, 26-month-old Devin, was playing in his bedroom with his eight-year-old cousin. Somehow, Devin fell or leaned into the window screen, which gave way. Devin fell to the ground and was seriously hurt.

The McGuires filed suit against K & G and Avant, claiming negligent maintenance, management, and repair. In Ohio (and most states), a landlord has a statutory duty to “make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.” The trial court granted summary judgment for both defendants, ruling that the defendants had no duty to install screens strong enough to restrain a child. The McGuires appealed.

Questions:

Are the McGuires entitled to a jury trial?