Work with Property Manager to Reduce Lawsuits

To maximize your property’s value and profit, limiting premises liability should be a priority for you. Working with your property manager, who’s most likely to hear about and react to injuries before you do, can go a long way in avoiding personal injury litigation. To make sure your property manager understands the importance of preventing personal injuries and reacting to them appropriately when they do occur, make sure your property manager:

• Understands what premises liability is. Explain that premises liability is the body of law that makes a property owner responsible for certain injuries suffered by visitors to the premises. In general, to win a premises liability lawsuit, the injured visitor has to prove that the owner of the premises created a dangerous condition, didn’t properly maintain the property, or knew that the premises weren’t safe and didn’t warn people of the lack of safety. The types of incidents that give rise to premises liability claims can vary, but slip-and-fall accidents are the most common. Premises liability lawsuits can involve any type of injury suffered on, or sometimes even around, an owner’s property.

• Understands how courts determine liability. The extent of property owner liability varies, based on state law. For instance, some states resolve the issue of liability by focusing on the injured visitor’s status, while other states determine liability by focusing on the property’s condition and the actions of the owner and injured visitor.

• Keeps interior and exterior walkways maintained. This may seem like a no-brainer, but many lawsuits are generated from poorly maintained walkways. Something really minor and inexpensive to address, such as a crack in the sidewalk or a small spill, could end up costing you.

• Maintains sufficient general liability insurance. To make sure you’re adequately covered, advise your property manager to consult a professional insurance agent when buying general liability insurance. The agent will be able to properly assess the type of property you have and help you determine how much insurance you need. Also, ask your property manager to meet with your insurance agent to review your policies annually.

• Provides adequate security on premises. Premises liability lawsuits are not just limited to slips-and-falls. Tell your property manager to regularly assess the level of security you’re providing, in light of local incidents and potential new threats. Workplace violence also must be considered when attempting to limit premises liability.

For an explanation of the types of “status” that come into play when a court is determining liability for an injured visitor, see “Reduce Exposure to Personal Injury Lawsuits,” available to subscribers here.