Curious if anyone has been sued because a resident slipped on ice? We're not even officially into fall and I have a resident making demands for personal use of outdoor space that's not theirs because they have medical related concerns that they may slip on ice. Gonna learn a lot from this one I guess
There are certain cases where we will make accommodations for someone w DOCUMENTED medical condition. I've found that 99% of the time they never provide documentation.
I would provide proof of all precautionary methods you take- ice salt, de-icing, etc. Also, post notices to tenants about conditions advising residents of slip and fall possibility, etc.
Is this medical condition documented?
Yes, been sued. Keep evidence that you treated areas with ice melt and such. Even a receipt for the ice melt materials. Write yourself service calls, etc…
Use of non-essential areas during foul weather. That’s covered in the lease. If they choose to go on the playground when it is frozen icy - it’s on them.
J
ust prepare yourself to provide evidence that you took adequate steps to keep primary areas accessible. Including mass messages to residents to exercise extreme care, avoid unnecessary trips outside.
I’ve had to settle several claims, but they were drastically reduced when we demonstrated reasonable attempts to keep people safe.
She has a second floor unit, & wants to keep a trash can & recycling bin for personal use outside in the walkways, or in the outdoor space of the other units on the lower level. (This is a small historic building in a downtown with very tight parking & lower units have room for patio tables along common walk way).
Bc we're downtown/tight site, these are single occupancy units & town does weekly pickup + transfer station open during week, tenants just use a regular trashcan in their unit/all units have a big walk in pantry as well. Never more than 1 bag of trash generated anyways.
She has the largest exterior space- private 12x20 deck (which is huge for our location). Basically comes down to, she doesn't want to have it in her own space & is claiming bc her knee surgery isn't getting better she needs to keep a trashcan on lower level. But she can bring things up to her unit just fine, & bring trash down to the trashcan fine. To be clear, she's lived here a month & had knee surgery in spring, so, well aware of limitations prior to signing lease. Idk. It's not the hill I'd die on, but apparently she would
We have been approached with threats of all kinds. Falls on sidewalks, down the stairs and so forth. We are able to handle common areas first. Then our team makes their way around the community. We are not responsible for anyone who chooses to go out. This is on them, rain snow, etc. We always warn/remind residents, that they are responsible for themselves. We are not even guaranteed to be onsite. This is a common misperception residents have.
Give the resident a reasonable accomodation form once they return it you should have a form that you send to their medical professional that verifies the need for a closer spot. If they truly have a medical need you will get both forms returned. Make sure there is a time line on the forms that you use; mine states 30 days to return the form otherwise the process starts over this prevents the resident from creating an issue with the doctor that then creates the need for the reasonable accomodation