General Liability

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Is the Co-op Liable if Children Get Hurt in Common Areas? (NY)

Q. Children who live in my co-op building in Yorkville, Manhattan, sometimes play in the common areas. They run up and down stairs and play ball in the outdoor entry area, at times without adult supervision. Do these activities pose

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IL Supreme Court: Law shields homeowners from suits over snow removal, not ‘unnatural’ ice

The Illinois Supreme Court has put the freeze on certain slip-and-fall suits, by affirming an appellate ruling that the Illinois Snow and Ice Removal Act immunizes homeowners against suits arising from weather-caused slippery sidewalks, but not from ice buildup caused

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Woman alleges homeowners association negligent after she fell on wooden walkway (WV)

A woman has filed suit against her homeowners association for alleged failure to warn after insufficient measures were taken to prevent an injury.  Jeanette Oxley filed a complaint July 19 in Putnam County Circuit Court against Oakbridge Condominium Owners Association

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Mitigating professional liability risks in the construction industry

Operating a business in the commercial design and engineering sector involves dealing with a host of risks. These threats to a design or engineering firm stem from a variety of factors and can potentially cause the disruption of normal business

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Indemnity Provisions can leave Associations holding the bag for someone else’s wrongdoing!

A recent Broward County negligent security lawsuit filed on August 31st raises issues about who should pay the consequences when a security breach results in a resident’s death. In this case, a community with an entrance feature protected by a

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Attorneys to Condo Associations: Zika Litigation Won’t Bite (FL)

What are condo associations, homeowners’ associations and other multifamily real estate boards to do as Zika spreads across South Florida? Not too much, according to real estate attorneys, who suggest caution but advise against creating liability where none exists.  Health

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New Jersey Supreme Court Finds Coverage Under a Developer’s Commercial General Liability Policy for a Subcontractor’s Faulty Workmanship

On August 4, 2016, the New Jersey Supreme Court issued a unanimous decision in a case regarding insurance coverage that could have lasting impact on developers, contractors, and subcontractors. In Cyprus Point Condo. Ass’n, Inc. v. Towers, 2016 N.J. LEXIS

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How to Avoid Premise Liability Claims

Sometimes, TV makes it looks like anyone can sue you for getting hurt on your property. While it is possible, however, there are many things you can do to protect yourself.   Read the article………….

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Homeowners’ Associations Could Face Liability for Bear Attacks

It is sometimes said that law is what separates humans from wild animals. While humans have been developing laws since the Code of Hammurabi, they have also been developing land, so much so that both commercial and residential projects increasingly

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Don’t Be The Next Trayvon Martin HOA!!!

We have all read about the horrible Trayvon Martin / George Zimmerman shooting. It was a tragic day for everyone. But what most people never heard about was what happened to the Association. Zimmerman was the Association’s neighborhood watch leader

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A Concrete Decision: ‘Qian’ and the Evolution of Sidewalk Liability (NJ)

In the past 20 years, the number of common-interest communities in New Jersey has grown exponentially. Today, we all seem to know someone living in such a community, whether it be an active adult senior community, a condominium building or

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$2.5 Million Settlement Ends 9-Year Litigation in Lawn Fall (FL)

A Wellington man received a $2.5 million settlement nine years after his foot caught on a lawn sprinkler valve cylinder, causing him to fall and wrench his knee.  Gary Smalley sued the homeowner association in his community, the property management

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Reducing Liabilities in Your Community Parking Lot

No one likes being sued, but unfortunately, America has become a litigious society. Whether you were not warned that your coffee was too hot, or you slipped and fell on your untied shoelaces, it always seems to be the fault

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HOA’s Settlement with Trayvon Martin Family Illustrates Liability Issues Involving Neighborhood Watch Programs

Last year I participated in a discussion with an Associated Press reporter and wrote about a central Florida community association’s apparent endorsement of George Zimmerman as its neighborhood watch captain and his involvement in a tragic incident that took the

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Property Managers not immune from claims by owners.

Claims are brought against community associations and community association managers (CAMs) all the time for various complaints relative to the maintenance, management and/or operation of the community.   Read More……

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