How can you measure the legal risks on your properties walkways? What is the best way to compare them to the costs and make the choices that mitigate the most risk at the best cost?
First, measure the risks.
Hazards on your walkways could be uneven concrete slabs or cracks in a slab that create an uneven walking surface where someone could trip and fall. Also, wide gaps where high heels or canes could lodge and cause a fall are also a risk. Both of these kinds of walkway hazards are risks for causing a personal injury lawsuit or a ADA lawsuit.
Property managers and owners are responsible to regularly inspect their property for hazards that could be reasonably discovered. If the hazard could be reasonably expected to be a danger or cause a trip then there is a responsibility to fix it. Personal injury litigation rests on who has responsibility and if there was negligence.
If the properties you manage have not had their walkways inspected in the last 12 months then it is almost guaranteed that trip hazards exist. Tree root growth, soil erosion, even small earthquakes enlarge uneven edges between concrete slabs or cracks that make trip and fall hazards.
First, measure the risks.
Hazards on your walkways could be uneven concrete slabs or cracks in a slab that create an uneven walking surface where someone could trip and fall. Also, wide gaps where high heels or canes could lodge and cause a fall are also a risk. Both of these kinds of walkway hazards are risks for causing a personal injury lawsuit or a ADA lawsuit.
Property managers and owners are responsible to regularly inspect their property for hazards that could be reasonably discovered. If the hazard could be reasonably expected to be a danger or cause a trip then there is a responsibility to fix it. Personal injury litigation rests on who has responsibility and if there was negligence.
If the properties you manage have not had their walkways inspected in the last 12 months then it is almost guaranteed that trip hazards exist. Tree root growth, soil erosion, even small earthquakes enlarge uneven edges between concrete slabs or cracks that make trip and fall hazards.
Next measure the magnitude & prioritize.
Inspect your walkways looking for uneven lifts at cracks or joints between slabs. Anything larger than ¼ inch in size could be a trip hazard and is certainly an ADA violation. Count the number of hazards, their location and how large they are. Then multiply each location by the size of the hazard and by if it is in a high, medium or low traffic area. The number you get from this will allow you to track the rise and fall of your risk based upon your efforts.
Finally compare the risk number you have generated with the cost of repairs. If your budget is insufficient to remove all hazards then you can grade each hazard by it’s risk (hazard size & amount of foot traffic) and repair the highest risk hazards first and leave the rest budgeted for the next fiscal year. Doing this diligence will make it very difficult to prove negligence in a court, making it less likely you will be sued, and reducing settlement claims.
Consider having your properties professionally inspected if you don’t have the manpower or worry about the effectiveness an inspection and risk report made by your staff. A professional inspection will also include a detailed list of costs to repair each hazard. See what you could expect in a professional walkway inspection here.
Inspect your walkways looking for uneven lifts at cracks or joints between slabs. Anything larger than ¼ inch in size could be a trip hazard and is certainly an ADA violation. Count the number of hazards, their location and how large they are. Then multiply each location by the size of the hazard and by if it is in a high, medium or low traffic area. The number you get from this will allow you to track the rise and fall of your risk based upon your efforts.
Finally compare the risk number you have generated with the cost of repairs. If your budget is insufficient to remove all hazards then you can grade each hazard by it’s risk (hazard size & amount of foot traffic) and repair the highest risk hazards first and leave the rest budgeted for the next fiscal year. Doing this diligence will make it very difficult to prove negligence in a court, making it less likely you will be sued, and reducing settlement claims.
Consider having your properties professionally inspected if you don’t have the manpower or worry about the effectiveness an inspection and risk report made by your staff. A professional inspection will also include a detailed list of costs to repair each hazard. See what you could expect in a professional walkway inspection here.