There are certain risk areas where property owner or property management can be held liable if anything goes wrong. Here are the major areas that need special attention.
Property management must comply with two important laws that prohibit discrimination. They are Americans with Disabilities Act (ADA) and Fair Housing Act (FHA). According to the ADA, property management or property owner should make modify the property reasonably for accommodating the needs of the disabled. Such modifications could include installation of wider doorways, ramps, and designating parking spaces for the handicapped.
As per the FHA, property management cannot discriminate against applicants or tenants based on disability, familial status, national origin, gender, color, religion, or race. Property management has to be careful that FHA violations do not occur while advertising the property and while screening applicants. Violations of the ADA and the FHA attract stiff penalties and property management will have to pay punitive damages as well.
Property management has the duty of protecting tenants, visitors, and its employees from dangers of criminal activities taking place in or around the property. If management has not taken sufficient precautions to stop and prevent crimes, then it will be liable for significant amount in damages.
For instance, if an employee commits a crime while doing his or her work on the property that results in harm or loss to tenants, visitors, or other employees, then property management will be held responsible. Similarly, property management is also liable if a contractor, contract staff, or tenant commits a crime, on the property. To avoid liability, property management will have to implement strict screening procedures for employees, workers, and tenants.
There may be certain conditions or things on the property that can cause pollution or danger to the environment. In United States, the Environment Protection Agency (EPA) is in charge of checking and making the guilty party pay for the cleanup cost of different types of contamination. This is a high risk factor, as EPA functions on the premise of absolute liability, which means it can hold a party liable simply based on the relationship of the party to the contaminated site, and regardless of whether it caused the contamination or not.
To avoid environmental risks, property manager can insist the property owner conduct a minimum phase 1 environmental audit. If the audit does not find any contamination, the property owner is considered an innocent purchaser, and cannot be held liable if later on contamination is found on the property.
Insuring the property is a fantastic way of covering several risks. General liability insurance can provide reimbursement of compensation to the affected parties. Property management will have to review existing policy and include coverage that they feel are required.
If there sufficient liability coverage and any incident occurs, property management will have to consult the insurance provider first before paying any compensation or reimbursement to the affected party. Most policies cover the events happening during a specific period, and not when the claim is made.