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liability due to frost heave

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mkathyf

Member
What is the name of your state (only U.S. law)? Ohio
My husband owns a free-standing commercial building. Due to the extreme cold weather conditions we have had this winter, the cement pad in front of the building has frost heave and the tenant cannot open the front door for his customers to enter (business is a gym).
However, there is a side door (about 15 steps from the front door) and also a rear door, from which customers can enter the building. So, although inconvenient for the tenant, he has not been prevented from continuing to operate his business.

When this first occurred, we tried to remedy the situation by having the bottom of the door cut enough to clear the cement. It worked fine. But, the concrete has heaved again.

We have had 6 different contractors come look at the situation; 4 cement contractors and 2 other contractors. All but one agree that the problem is most likely from the down spouts and water getting under the cement pad during the recent rain and snow/ice melt...and then freezing, causing the heave. We are told it should go down when things begin to thaw...but of course, we don't know when that will be.

So....my question: how obligated are we to take extreme measures, such as breaking up the concrete, etc. so as to allow the door to open? What are my obligations at this point? And what are my potential consequences if we wait for the thaw to see if it goes back down?
Thank you.
 


FarmerJ

Senior Member
If this means of exiting in case of fire is not working My only thought is to talk frankly with your insurance co to learn how this door not working correctly may affect your liability , other wise I would say to see if you can literally cut some of the concrete away so the door will open or be turned around to open to the outside until it does thaw and you can make the needed corrections to stop this from being a problem where your slab cracks and begins to break up.
 

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