Fall Cleanup As Risk Management

by Brit Weimer

Labor Day marks the unofficial end of summer—and a good time for community associations to prepare their common areas for fall and winter.

Falling leaves, shorter days, freezing temperatures, snow and ice can turn relatively minor maintenance issues into expensive liability claims. A simple fall inspection can help prevent injuries and put the Association in a strong position if a claim occurs.

Walk the Property

Boards and managers should consider a fall walk-through focused on conditions that could cause someone to slip, trip or fall, including:

  •  Cracked or uneven sidewalks

  •  Loose steps, railings, or pavers

  •  Poor lighting

  •  Drainage problems that may create ice

  •  Dead or damaged tree limbs

  •  Leaves and debris on walkways; and

  •  Landscaping that obstructs walkways or visibility

The goal is not to eliminate every conceivable risk. Rather, these are sensible precautions designed to identify obvious problems and allow the Association to make reasonable decisions about addressing them before winter.

Document the Response

If an accident occurs, an important question may be what the Association knew about the condition and what it did about it.

Inspection notes, photographs, work orders, repair records, and vendor communications can help establish that the Association responded reasonably. Complaints from owners about dangerous conditions should likewise be documented, evaluated, and followed through to resolution.

Conclusion

These precautions go beyond what the law strictly requires. But they are prudent risk-management measures that can help prevent accidents, demonstrate thoughtful property management, and improve the Association’s position if a claim is later made.

If you would like help evaluating the specifics of inspecting common areas, the experienced lawyers at Moeller Graf are available to assist. This information should be viewed as informational and not direct legal advice.

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