When Is Your Association Liable for Injuries Sustained on the Premises?

A third-party security guard who slipped and fell on a puddle while on duty sued the Georgia condo association where she was working.

The association doesn’t have its own employees, so it hires third-party contractors to perform the necessary functions. For example, in May 2012, it retained Sizemore Security Services to provide “safety officers” for the premises. A safety officer’s responsibilities include checking for water leaks.

In August 2013, one of Sizemore’s employees arrived in the morning for the start of her shift. She went to the break room, where a motion sensor triggered the overhead light, and put her lunch in the refrigerator. She left without noticing any hazard.

Later that afternoon, she returned to the break room, but the light didn’t immediately illuminate. As it did come on, she slipped and fell. She then noticed the floor was wet, and water was dripping onto it from an overhead pipe — something she’d never previously observed.

The safety officer subsequently sued the association. She alleged that it breached a duty it owed her as an “invitee,” resulting in her accident and injuries.

Read the full story to learn how it turned out, along with a useful refresher about when an association or manager can be held liable for injuries sustained on association premises — and how to reduce the odds of such lawsuits:

HOA Isn’t Liable for Security Guard’s Slip and Fall

Best regards,
Matt Humphrey
President