I was just delivered a lawsuit yesterday

I was just delivered a lawsuit yesterday

Collin HaysBusiness Member
Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes

Well, not really.  But I have been before.  Now that I have your attention, I want to talk about your and my liability as property owners and what we can do to limit it.  

The first order of business when you acquire a property is evaluating RISK MANAGEMENT of your property.  I recommend a thorough risk management survey, preferably by a third-party professional that is trained to spot problems. One of the biggest - and often overlooked - responsibilities of STR ownership is risk management. It is your responsibility to ensure that your property is safe for guests. Don't assume that it is.

If a liability claim ever arises against you for injury or death on your property - and it DOES happen - your risk management will be intensely scrutinized by a plaintiff attorney and potentially a judge or jury. If you have been negligent in your risk management, your insurance company could deem your negligence "gross negligence", which means 1) They will not defend you, and 2) You may be on the hook for not only actual damages, but exemplary damages of up to 4X actual damages, depending on the state.

Here are some claims we've heard of over the years in the Smokies:

1. Broken leg due to a fall down rotted steps. $200K settlement.

2. Allergic reaction to yellow jacket sting. Owner ignored yellow jacket nest near the porch. $310K settlement.

3. Drowning in pool. Security gate latch had been disabled. $1.3 million settlement.

4. Car totaled by falling tree that was dead. $44K settlement. Had the car had occupants, there would have been fatalities.

5. Child sustained broken leg and concussion from falling through rail spindles that were too far apart. 3 days in the hospital, surgery. $281K settlement.

Not only is it important to take care of all potential risk management areas in your start-up, but essential that you are regularly checking your property to identify emerging areas of concern.

Stay on it or your day in court is coming.

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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
2y

Dang you got my attention.

We had a 10 year old kid running around in the dark and fell in an area that was about 3 feet down where the entrance to the basement is on the end of the house. We had rails up and signs saying you couldn't go past this point. The kid managed to fall down the hill past where the rails were. 

He went to the emergency room and luckily had no major injuries.

Luckily nothing came of it. 

I had the foresight to put these signs up when we bought the cabin and think this definitely minimized the possibility of any legal action.

See this reply in the discussion

12 Replies

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  • Investor · Greenville, SC · Member since 2015 · 1k+ posts · 1k+ votes
    2y

    100%

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    2y

    Dang you got my attention.

    We had a 10 year old kid running around in the dark and fell in an area that was about 3 feet down where the entrance to the basement is on the end of the house. We had rails up and signs saying you couldn't go past this point. The kid managed to fall down the hill past where the rails were. 

    He went to the emergency room and luckily had no major injuries.

    Luckily nothing came of it. 

    I had the foresight to put these signs up when we bought the cabin and think this definitely minimized the possibility of any legal action.

  • Beaverton, OR · Member since 2017 · 37 posts · 21 votes
    2y
    Quote from @Collin Hays:

    Well, not really.  But I have been before.  Now that I have your attention, I want to talk about your and my liability as property owners and what we can do to limit it.  

    The first order of business when you acquire a property is evaluating RISK MANAGEMENT of your property.  I recommend a thorough risk management survey, preferably by a third-party professional that is trained to spot problems. One of the biggest - and often overlooked - responsibilities of STR ownership is risk management. It is your responsibility to ensure that your property is safe for guests. Don't assume that it is.

    If a liability claim ever arises against you for injury or death on your property - and it DOES happen - your risk management will be intensely scrutinized by a plaintiff attorney and potentially a judge or jury. If you have been negligent in your risk management, your insurance company could deem your negligence "gross negligence", which means 1) They will not defend you, and 2) You may be on the hook for not only actual damages, but exemplary damages of up to 4X actual damages, depending on the state.

    Here are some claims we've heard of over the years in the Smokies:

    1. Broken leg due to a fall down rotted steps. $200K settlement.

    2. Allergic reaction to yellow jacket sting. Owner ignored yellow jacket nest near the porch. $310K settlement.

    3. Drowning in pool. Security gate latch had been disabled. $1.3 million settlement.

    4. Car totaled by falling tree that was dead. $44K settlement. Had the car had occupants, there would have been fatalities.

    5. Child sustained broken leg and concussion from falling through rail spindles that were too far apart. 3 days in the hospital, surgery. $281K settlement.

    Not only is it important to take care of all potential risk management areas in your start-up, but essential that you are regularly checking your property to identify emerging areas of concern.

    Stay on it or your day in court is coming.

    Colin
    what kind of companies do these risk management surveys? Any examples of them?
  • Collin HaysBusiness Member
    OP
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    2y
    Quote from @Amit Shukla:
    Quote from @Collin Hays:

    Well, not really.  But I have been before.  Now that I have your attention, I want to talk about your and my liability as property owners and what we can do to limit it.  

    The first order of business when you acquire a property is evaluating RISK MANAGEMENT of your property.  I recommend a thorough risk management survey, preferably by a third-party professional that is trained to spot problems. One of the biggest - and often overlooked - responsibilities of STR ownership is risk management. It is your responsibility to ensure that your property is safe for guests. Don't assume that it is.

    If a liability claim ever arises against you for injury or death on your property - and it DOES happen - your risk management will be intensely scrutinized by a plaintiff attorney and potentially a judge or jury. If you have been negligent in your risk management, your insurance company could deem your negligence "gross negligence", which means 1) They will not defend you, and 2) You may be on the hook for not only actual damages, but exemplary damages of up to 4X actual damages, depending on the state.

    Here are some claims we've heard of over the years in the Smokies:

    1. Broken leg due to a fall down rotted steps. $200K settlement.

    2. Allergic reaction to yellow jacket sting. Owner ignored yellow jacket nest near the porch. $310K settlement.

    3. Drowning in pool. Security gate latch had been disabled. $1.3 million settlement.

    4. Car totaled by falling tree that was dead. $44K settlement. Had the car had occupants, there would have been fatalities.

    5. Child sustained broken leg and concussion from falling through rail spindles that were too far apart. 3 days in the hospital, surgery. $281K settlement.

    Not only is it important to take care of all potential risk management areas in your start-up, but essential that you are regularly checking your property to identify emerging areas of concern.

    Stay on it or your day in court is coming.

    Colin
    what kind of companies do these risk management surveys? Any examples of them?

     Your insurance company can provide referrals for this in your location.  

  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    2y

    I go over our property 4x a year looking for issues. I have never considered a professional risk assessment. Thanks @Collin Hays

  • Andrew SteffensBusiness Member
    Tampa, FL · Member since 2022 · 3k+ posts · 3k+ votes
    2y

    I just got served a small claims suit because a guest thought our pet fees were too high :D

  • Investor · Vancouver · Member since 2021 · 165 posts · 137 votes
    2y

    2/5 of those are due to people being stupid and looking for a handout

    1/5 of those are just unlucky situations and once again people looking for handouts

    USA is handout capital of the world

  • Real Estate Investor · Saint Paul, MN · Member since 2017 · 543 posts · 474 votes
    2y

    @Collin H. I agree 100%. One of the first things I do when I buy a property is to look it over carefully and do as much preventive work as is necessary.  I see you’re in Gatlinburg. I find it interesting that so many property owners are complaining about the inspections that Sevier county is doing to identify potential risks. I really don’t understand why people would complain about having potential liability issues identified. I’ve gone through several inspections already and welcome the input.

  • Collin HaysBusiness Member
    OP
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    2y
    Quote from @Mark S.:

    @Collin H. I agree 100%. One of the first things I do when I buy a property is to look it over carefully and do as much preventive work as is necessary.  I see you’re in Gatlinburg. I find it interesting that so many property owners are complaining about the inspections that Sevier county is doing to identify potential risks. I really don’t understand why people would complain about having potential liability issues identified. I’ve gone through several inspections already and welcome the input.

    I think what people are questioning is whether this is all just a disingenuous cash grab by the county, cloaked as concern for the safety of guests.

  • Real Estate Investor · Saint Paul, MN · Member since 2017 · 543 posts · 474 votes
    2y

    @Collin H. I guess it could be, but I have seen some pretty scary stuff in cabins there. Very poorly maintained with obvious hazards. Cash grab or not, I believe it will help address some of those issues.

  • Collin HaysBusiness Member
    OP
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    2y
    Quote from @Mark S.:

    @Collin H. I guess it could be, but I have seen some pretty scary stuff in cabins there. Very poorly maintained with obvious hazards. Cash grab or not, I believe it will help address some of those issues.

    Let’s hope that you are right!
  • Insurance Agent · Norwalk, CT · Member since 2016 · 2k+ posts · 1k+ votes
    2y

    Collin,

    From the recommendations we see when an Insurance company looks at a property I would add:

    1. broken/uneven/potholed walkways or driveways

    2. stairs without proper railings

    3. Smoke/Fire/CO detectors that are not to code

    4. Not two means of egress 

    5. Knob & Tube or Aluminum wiring

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