Special Issue: Minimizing Accident Liability

If you own a shopping center or office building long enough, an accident involving a shopper or visitor to the property will inevitably happen. Accidents can be a nightmare for owners: In the best-case scenario, you’ll have to deal with a situation that forces you to spend time consulting with your attorney and worrying about a lawsuit that never happens. In the worst-case scenario, you’ll end up defending yourself from a negligence lawsuit. You can avoid liability for accidents to a large degree—if you plan ahead. Using lease provisions that hold you harmless in the event of an incident or accident, keeping your center or building well maintained, and understanding what types of activities you have immunity for are the first steps.

In this issue, we’ll tell you about the benefits of using an indemnification clause in your leases and give you model language that you can use to indemnify yourself against common-area accidents ("Include Common-Area Accidents in Indemnification Clause"). We’ll also provide tips for limiting premises liability exposure ("Reduce Exposure to Personal Injury Lawsuits"), and determining your entitlement to immunity from accidents ("When Does 'Recreational Use Immunity' Apply?"). You can also follow our advice for reducing the chance of insurance claim delays and denials when there is an accident ("Reduce Chance of Insurance Claim Delay, Denial"). And we’ll tell you about a case on point that’s winding its way through the New York court system now ("Trial Needed to Determine Liability for Injury in Center’s Common Area").