Trip and Fall - Sidewalks in your HOA

Trip and Fall - Risk Management of Raised Sidewalks in Your HOA

Trip and Fall Incidents: Sidewalk Safety in Your HOA

Trip and Fall, or sometimes "Slip" and Fall, incidents involving sidewalks are among the most common and potentially costly legal issues facing homeowner associations (HOAs). These accidents often result in injury, leading to medical claims, lawsuits, and potential liability for the community. While cracked, uneven, or lifted sidewalks may seem like minor nuisances, they can quickly become major legal and financial liabilities.

Sidewalk hazards typically develop over time due to natural wear and tear, root intrusion from nearby trees, water damage, or ground movement. Unfortunately, these types of repairs are frequently pushed down the priority list in favor of more visible or seemingly urgent maintenance tasks. However, delaying sidewalk repairs can place the HOA in a vulnerable position, both legally and ethically, if a resident or guest is injured.

Property Managers Should:

1. Conduct Regular Inspections: If the management agreement includes inspection duties, managers must routinely inspect the sidewalks and common areas for any trip hazards or signs of disrepair.

2. Document Hazards Thoroughly: All observations should be documented in writing with photographs, dates, and clear descriptions, and promptly reported to the board.

3. Obtain Multiple Repair Proposals: Securing at least two or three quotes from licensed and insured contractors helps the board make informed decisions.

4. Implement Temporary Safety Measures: While awaiting repairs, any hazardous areas should be clearly marked using cones, caution tape, signs, or paint to prevent injuries.

Board Members Should:

1. Review Management Reports Promptly: Take all documented concerns seriously and respond quickly to recommendations from management.

2. Request Professional Evaluations: In complex or widespread sidewalk damage cases, bring in an engineer or contractor to assess the severity and recommend solutions.

3. Evaluate and Approve Repairs: Discuss and compare contractor proposals during an open board meeting. Factor in cost, timeline, and the long-term safety implications.

4. Discuss Liability and Risk Exposure: Consult the association’s legal counsel or insurance provider about the potential liabilities and ensure coverage is adequate.

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Taking a proactive stance on sidewalk maintenance not only protects the safety of residents and guests but also helps prevent costly litigation and reputational damage. Addressing these issues responsibly demonstrates strong, effective leadership and good governance on behalf of the community.