Keep Maintenance and Inspection Records

Make sure that your property manager is vigilant about keeping maintenance and inspection records. They can help you refute claims made by your tenants or their employees that you or your management staff knew about a dangerous condition at your property and failed to fix it.

If the tenant or employee can prove that you or your property manager (whose liability is imputed to you because he is your employee and “agent”) had “constructive notice” that some part of the property—for example, staircases or elevators—was faulty, you could be held liable for any injuries that happened because of the condition. Courts have determined that in slip-and-fall cases on commercial property the owner could be held liable for injuries caused by things like loose steps on a staircase, ice patches on pavement, and other hazards that weren't taken care of prior to the accident. And many courts have also ruled that it doesn't matter if a property manager was unaware that the particular hazard that caused an accident existed, if he had fixed other problems that should have put him on notice that something was deteriorating or needed to be replaced, and, therefore, could cause future accidents as it continued to fall apart.

Insider Sources

John S. Hollyfield, Esq.: Of Counsel, Fulbright and Jaworski L.L.P., Houston, TX.

Marc L. Ripp, Esq.: Senior Associate General Counsel, Mack-Cali Realty Corporation, Edison, NJ.