General Liability

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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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You can sue condo association for slipping on its sidewalk: N.J Supreme Court

The New Jersey Supreme Court ruled Wednesday that homeowners associations can be sued by people who are injured on sidewalks that are privately owned and maintained by the community.  In a 6-0 ruling, the state’s highest court found that a

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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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