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ClaudiaT (New York)
Posts: 4
Posted:
Our association is being sued by one of our owners due to a slip and fall on snow and ice on their step. Has anyone else been through this? How is it handled, by our insurance company or lawyer. Also our by-laws state that the association is not responsible for clearing the steps but have always done it. Could the fact that we don't have to clear the steps cover us?
BradP (Kansas)
Posts: 2,640
Posted:
Claudia:

interesting predicament. Even though your bylaws state that you are not responsible for clearing the steps if you have done it in the past you may have set yourself up for trouble. Is each individual homeowner responsible for their own? Also, what were the conditions outside when they fell, were the steps cleaned off and ice melt put down? I am not an attorney, but if it is in the process of snowing or freezing rain outside then any reasonable person should expect that the steps will be slippery and should take caution. On the other hand if it were done snowing and you had made an attempt to shovel and put down ice melt then you might have an arguement unless this happened a couple of days after the snow. I hope the association has good liability insurance, if so let them handle the claim or else get a good attorney.

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