Common Property Hazards That Can Lead to Legal Claims

Any property owner has a duty to maintain a reasonable level of safety at common facilities of the property starting from the moment when a person enters it (tenants, visitors, or contractors). Common areas may include lobbies, parking lots, swimming pools, and other places owned by the landlord. In case this duty is met, the consequences of any hazard remain moderate and can be compensated with regular insurance. In case it is not met, the same hazard can give rise to a claim, influencing not only compensation but future insurance as well.

In most cases, liability and preventative measures associated with property hazards are determined by the type of the hazard. It means that knowing typical property hazards and the way they can influence the owner of the property can significantly reduce the risk of claims.

Slip and Trip Hazards

There are numerous hazards connected with slips and trips: wet floors, cracks, and broken surfaces. Such hazards are typically found in areas with high foot traffic, including lobbies, parking lots, and laundry rooms. It is not the hazard itself but how the owner or manager deals with it that is important.

Typically, failure to fix a hazardous condition during the period of its existence leads to a claim. Thus, the period between appearance of the hazard and its fixing is important when talking about liability. There should be a procedure allowing the fixing of the hazard. The easiest one is a maintenance log for common areas and standard response times for reported issues.

Poor Lighting Conditions and Negligent Maintenance

Dim corridors, poorly installed and damaged staircases, etc. are typically noticed after someone has been injured there. Such hazards accumulate due to the delay in maintenance. Deferred maintenance leads not only to extra costs of the repair but also to increased liability exposure of the property owner.

Maintenance logs and previous complaints are more important for disputes than the incident itself. It is necessary to keep dated pictures of a hazard along with the maintenance request to prove that the owner knew about it but took no action.

Falling Objects and Equipment Failure

Such hazards include falling signs and fixtures, deteriorating awnings in common areas, etc. Some of such hazards cannot be easily detected until they actually fail. Thus, it is better to inspect common areas in order to find potential failures of such equipment.

Owners of large properties have bigger exposure due to the bigger number of people using them. There should be a regular season inspection of awnings and signs prior to the start of any adverse weather.

Hazards Associated with Pets

Driveways, courtyards, and green spaces owned by the landlord make tenants and visitors close enough to pets. Even a calm pet can be dangerous in case it is unexpectedly scared. Such hazards create numerous questions about pet supervision, pet containment, and possible knowledge of the owner about some behavioural problems of a pet.

A pet policy, explaining how tenants should contain their pets, what restrictions exist, and the requirement to notify the landlord about the pets with special behavioural traits, will make the position of the landlord more understandable in case of any dispute. Any verbal agreement will not stand in court; it is better to have a signed addendum to a lease agreement.

Pools and Water Hazards

Water-related hazards are also very specific. Compliance with rules regarding fencing, non-slip surfaces, and signs warning about the depth or need for supervision is critical in this case. In spite of passing the official inspection, a pool can have slippery and non-marked surfaces, creating a significant hazard for anyone using it.

In case of a pool, an owner has additional responsibilities, including regular inspection of it. It is better to plan regular self-inspection between official inspections in order to monitor fencing latches, signs, and surface conditions.

When a Hazard Turns into a Claim

Not every slip or fall leads to litigation, and the majority of the disputes are solved by insurance. Things change in case there are questions regarding the knowledge of the owner about the hazard or his or her ability to know about it.

This is when public liability claims play an important role. Such claims deal with injury caused by a foreseeable and avoidable hazard. For property owners and investors, this means the importance of having adequate liability insurance, which is reviewed on a regular basis.

What Makes a Claim against the Property Owner Stronger or Weaker?

A few recurring factors show up again and again in these situations:

• Dated pictures and documents concerning complaints about the hazard
• Previous reports or maintenance requests concerning the same hazard
• A long time passed from the appearance of the hazard to its repair
• Tenant’s or visitor’s knowledge about the hazard (indicated by lease or sign)

These factors can make a claim weaker or stronger, but they are not able to change the decision. Anyway, such factors are under the control of the owner of the property and are important during the dispute resolution process.

Conclusion

Hazards do not appear out of nowhere. They grow due to deferred repair, insufficient inspections, or neglect of maintenance requests. Repair of a hazard, such as a loose handrail or cracked flooring, is usually cheaper than handling the claims connected with it.

From the standpoint of property owners, it means that it is necessary to treat maintenance as a continuous process and not simply a task. A regularly updated maintenance log, inspection schedule, and regular review of liability insurance are not the biggest factors that can positively influence the financial state of the owner.