Costly Slip-Up: Property Managers Can Pay Huge Price for Slip-and-Fall Cases If They're Not Careful

By Airst, Randall | Journal of Property Management, September-October 2007 | Go to article overview

Costly Slip-Up: Property Managers Can Pay Huge Price for Slip-and-Fall Cases If They're Not Careful


Airst, Randall, Journal of Property Management


Slip-and-fall cases have left property managers justifiably concerned about premise liability, imposed when a property manager is found liable for negligence. Plaintiffs must establish the existence of four elements, including duty, breach of duty, direct and proximate causation, and damages to prove negligence and hold a manager legally responsible for premise liability.

The duty element, however, is at the forefront of premise liability disputes. Duty is the extent to which property managers are obligated to protect those on their premises. Property managers have a duty to protect tenants and visitors from dangers that are not obvious, like a slippery floor without a caution sign. They do not have a duty, however, to protect people from clear or evident dangers, which people are reasonably expected to discover. Still, it is wise to provide clients with a program to eliminate obvious dangers.

Neither property owners nor managers owe a duty to every person who enters every part of a property. Commercial leases typically make tenants responsible for the maintenance of leased premises. A lease then operates as a demise or conveyance of the property for the term of the lease. If the manager is not under duty to maintain the demised premises, the manager cannot be held negligent.

In contrast, property managers often have a duty concerning common area maintenance and business invitees using common areas. Property management agreements should clearly identify whether the property owner or manager is responsible for common area maintenance. If the property manager is not responsible, the owner should indemnify it against liability for slip-and-fall cases. Some property managers insist on indemnification even when they are responsible for common area maintenance. …

The rest of this article is only available to active members of Questia

Upgrade your membership to receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • A full archive of books and articles related to this one
  • Ad‑free environment

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Upgrade your membership to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Costly Slip-Up: Property Managers Can Pay Huge Price for Slip-and-Fall Cases If They're Not Careful
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved in your active project from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Upgrade your membership to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.