| March 29, 2006 |
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Tripping and slipping can involve both embarrassment and serious injury. The ubiquitous banana peel slip always gets a chuckle, but too often the gravity (both the law and seriousness) of the situation can cause real and lasting injury. In most of the world, the policy of Always Look Down (ALD) is essential to avoid injury. In the Third World, if you trip or slip, you have no one to blame but yourself (by UN Resolution, I believe). But in the Land O' Plenty (of lawyers and insurance), the blame often gets hung on the homeowner association. HOAs have the duty to maintain trip and slip-free conditions in the common area. These conditions can be triggered by a number of causes:
These conditions create conditions ripe for trip and slip such as:
Regardless of the cause, the HOA should have a budget and plan to deal with slip and trip hazards before someone and his lawyer discover them and the HOA's liability insurance policy. The plan to detect and correct should be consistent and adequate. The program should be even more aggressive in HOAs with senior residents whose injuries are likely to be more serious. So the next time you hear, “Have a nice trip” or “See you next fall”, make sure they refer to holiday travel plans and not a trip or slip. |
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