Top Items to Focus On
Liability always needs us to stretch our mind from focusing on buildings and defects to PEOPLE and potential issues
You really need to look at an area and say to yourself..."what could go wrong here"?
Photos
Take photos that represent the area, the exposure and the potential
Sidewalks
Playgrounds
Steps and railings
Etc
Inspection Prep
Google Earth and websites is a great way to know about the exposures before you get there.
Premises liability involves the responsibility of property owners to maintain safe conditions for people coming on or about the property. Homeowners can be and often are held liable for injuries which occur on their property. If a person slips, trips, or falls as a result of a defect or hazardous condition, the property owner may be responsible.
Inspecting With a Liability Focus
Separate insurance is provided for property coverage and liability coverage. As an inspector, you need to take a different approach surveying when you deal with liability issues as compared to property concerns. A liability focus for your loss control work will require you to see a physical defect at a property and then be able to translate that defect into a liability exposure that could result in an injury to a visitor.
The main issue in a premises liability loss/injury is the question of liability. Many people assume if they get hurt while on another person's property due to no fault of their own, then someone is liable. This is not always the case. A homeowner or business owner has some responsibility to keep visitors or customers safe while on their premise. If the homeowner or business owner does not provide that safe environment and that lapse in responsibility leads to someone getting injured, then liability for that injury becomes an issue.
Premises Liability... Some Examples:
Inadequate Outdoor Lighting: The property owner can be held liable if they knew or should have known about the dangerous situation but failed to correct the problem and it lead to a fall in the driveway.
Flooring Problems: can often result in slip-and-fall accidents. A property owner's failure to provide adequate signs for wet areas, failure to provide proper barriers, excessive floor waxing and more can all lead to a slip and fall accident.
Aggressive Dog: Dog bites are a very expensive loss to the insurance company. The expense, plus the predictability of some dogs being more aggressive than others, has lead many carriers to determine breeds of dogs which are considered a reason to cancel a policy.
Most Common Types of Premises Liability Losses
Dog Bites
Slip-and-Fall
Inadequate Security
Asbestos Exposure
Roadway and Sidewalk Defects
Poorly Lit Staircase
Iced Entrance-way to premises
Public Playground Safety Handbook:
Kenzie Morgan
Last updated Sep 26, 2020
Swimming Pool
Pools and spas are especially dangerous hazards around the home. Always keep a pool enclosed within a fence with a childproof gate. Keep spas covered when not in use. The fence around the pool should be at least five feet tall. Be careful that there are no chairs, tables or play equipment that children could use to climb over the fence. Use audible door alarms on any screen doors that access a pool area as well. View the pool section for more detail.
Recommendation: See Pool Page or Hot Button Hazards & defects
Trampoline
Children and adults can suffer sprains and fractures sustained while jumping on a trampoline. Serious injuries leading to paralysis or death can happen when someone steps through the springs at the rim or lands on the ground after jumping. For the most part, insurance carriers are not going to allow the presence of a trampoline and continue coverage.
Recommendation: The trampoline should be removed from the premise to reduce the liability hazard.
Dogs
Dog bites are the biggest concern with dogs on premise. Please read the section on dogs from the "The Basics."
Recommendation: Noted an aggressive dog on the property
Trees
The yard is home to many potential liability hazards. A common source of liability is falling trees. If a clearly rotted tree falls on a neighbor's property, as the homeowner, it becomes their liability. We are not concerned about healthy trees that fall. It is only when the tree was an obvious danger that homeowners are liable.
Recommendation: The overhanging tree or overgrown weeds and brush around the building at [ Specify Area(s) ] should be maintained away from the building to reduce the fire hazard.
Debris
Debris or excess material in the yard can be an attractive and dangerous hazard to children and others. It is important to walk the general yard area and view as much of the property as possible to identify potential hazards. Pay particular attention to the property lines and behind structures on property lines.
Recommendation: All debris should be removed from the [ Specify Area(s) ] area to reduce the fire hazard.
Abandoned Vehicles
We define an abandoned vehicle as one that is unlicensed. In some cases, numerous vehicles on premise, even licensed ones, could be considered a liability exposure. A vehicle is child magnet and presents an attractive nuisance to passersby as well.
Recommendation: The unlicensed vehicle at [ Specify Area(s) ] should be removed from the property to reduce the liability exposure.
Sidewalks
Sidewalks, walkways, and paths can be hazardous to visitors. Uneven or broken concrete can cause a passerby to stumble and fall, which may result in ankle twists, sprains or even breaks. Loose gravel along paths can also cause visitors to lose their footing as they make their way to your door. Pay attention to low spots which can accumulate water and freeze in the winter as well as gutter downspouts which empty out onto a sidewalk and can produce slippery conditions in cold weather.
Recommendation: The sidewalk at the [ Specify Area(s) ] should be repaired to present a smooth and even walking surface and reduce the tripping hazard.
Driveways
Driveways present the same hazards as walkways and any defects should be identified and recommendations made.
Property owners are responsible for the clearing and keeping safe of even the public sidewalks along their property.
Recommendation: The broken pavement and potholes in the [ Specify Area(s) ] should be repaired to present an even and smooth walking surface. This will reduce the trip and slip hazard.
Stairs
Injuries often occur at home on outdoor stairs, especially during inclement weather. When snow melts from the roof and drips onto stairs, it is the insured's responsibility to be sure the area remains safe by using sand and rock salt. The insured must also ensure that there is adequate lighting and that the stairs are properly maintained.
Recommendation: The missing or deteriorated treads on the stairs leading [ Specify Area(s) ] should be replaced to reduce the liability hazard from slipping or tripping.
Hand Rails
Lack of railings is something that you will find often. If there are 3 steps, a railing needs to be in place.
Recommendation: The steps at [Specify Area(s) ] should be provided with handrails. Handrails should be provided on all steps with three or more risers. The height of handrails is to be from 34″ to 38″ high, measured from the nose of the tread. If stairs are more than 44″ wide, handrails are to be provided on each side. If stairs are 88″ wide or more, install the handrails on both sides, with intermediate handrails in the center.
Missing Steps
Very often it is the lack of a steps, deck or balcony that becomes the hazard. Be on the lookout for doors to nowhere.
Recommendation: The door at [ Specify Area(s) ] should have steps installed. Handrails should be provided on all steps with three or more risers. The height of handrails is to be from 34″ to 38″ high, measured from the nose of the tread. If stairs are more than 44″ wide, handrails are to be provided on each side. If stairs are 88″ wide or more, install the handrails on both sides, with intermediate handrails in the center.
Decks/Balconies
Much like staircases, decks and balconies when not maintained or constructed to safety standards can become a liability issue. Property owners must keep check for rotted wood as well as rusted or broken support pieces.
Recommendation: Railings should be provided with spindles on [ Specify Area(s) ] 30″ or more in height to prevent the trip/fall hazard. Spindles should be no more than 4″ in distance from each other.
Railing Missing Spindles
The code requires that spindles/balusters be installed on all railing and be spaced with gaps less than 4″ to prevent fall-through or entrapment of a small child.
Recommendation: Vertical spindles/balusters should be installed on the railing at [specify area]. Maximum recommended space between spindle/baluster openings is 4 inches. Installation of balusters will reduce the liability hazard.
Vacant Homes
A vacant house is an “attractive nuisance” that appeals to vandals and thieves. Vacant homes also present numerous new liability issues that are not typically present when the home is occupied, such as neighborhood kids climbing over a dilapidated fence and getting hurt. Most policies have exclusions for "neglect" or "abandonment of property." A vacant exclusion generally kicks in after a home has been empty for 30 or 60 days.
Recommendation: Vacant structure should be secured from unauthorized entrance to reduce the liability hazard.
Open Burning
Open burning is defined as “the burning of any matter in such a manner that products of combustion resulting from the burning are emitted directly into the ambient (surrounding outside) air without passing through an adequate stack, duct or chimney.” Generally, anytime you light a fire outdoors, you are open burning.
Recommendation: The practice of burning materials in the open should be discontinued, to reduce the fire hazard.
Missing/Damaged Floor Covering
Slip and trip accidents can happen for a number of reasons. The floor in a dwelling or workplace must be suitable for the type of work activity that will be taking place on it. The floor must be maintained in good order to ensure that there are no trip hazards e.g. holes, uneven surfaces, curled up carpet edges.
Recommendation: The missing/damaged floor covering (tile, carpet, etc) located at [ Specify Area(s) ] should be replaced to present an even and smooth surface. This will reduce the trip hazard.
Unattended Ladder
An unattended ladder is a considered “attractive nuisance”. Children could harm themselves by either playing with the ladder or climbing on the roof. In the US, more than 500,000 people a year are treated for ladder related injuries, according to the American Academy of Orthopedic Surgeons. Of those injuries, about 300 people die.
Recommendation: The unattended ladder should be stored when not in use to reduce the liability hazard.
Play sets & Tree Houses
Any children’s play equipment including slides, swings and climbing walls can become potential hazards when children are left unsupervised or if any uninvited guests decide to come and play. Privacy fences can help to reduce unwanted outsiders. Due to their height, tree houses can be a liability if a guest suffers injuries from a fall. Rotted or damaged wood may also be a safety issue.
Recommendation: The are not auto recommendation for this. As a rep you will need to select the appropriate recommendation
House For Sale
A home for sale could become a vacant home. At the same time, there is increased exposure to outside visitors who are viewing the home and are unfamiliar with it. For these reasons, if we are aware a home is up for sale, we note it in the report and detail how it was determined to be for sale.
At Home Business & Telecommuter's
A business at home, whether it be an office or a perhaps a repair shop in the garage, introduces additional levels of liabilities exposure. The foot traffic may be increased if there are retail operations of any kind. Delivery trucks may be frequent.Telecommuting is a trend that continues to rise in popularity as technology continues to develop virtual offices. With the invention of Skype, instant messaging systems, desktop sharing, and other helpful resources, it's now just as easy for an employer to communicate with an employee regardless of whether the employee is at a desk at home or in a grey cubicle. According to the most recent American Community Survey, about two percent of the country's workforce telecommutes from home. Two percent may not sound like a lot of people, but that translates to 2.8 million people. Working from home should be identified when possible as there are similar exposures to a home business.
Water/Flood Exposure
Pools are not the only water based liability hazard. Streams, ponds and lakes should be considered to pose the same hazards as a pool. Typically, we will not make the same level of recommendations to protect a stream or pond, however, we need to detail and photograph its presence as an exposure. If there is a stream or river adjacent or on the property, we should determine the distance from the home as well as how far above typical water level the house is.
Livestock on Premise
Livestock can be an attractive nuisance and can be a place where injuries such as bites and kicks can occur. It is important to photograph and detail all animals that are present on the premise. If no livestock is noted, but facilities are in place for same, or there are signs of recent livestock activity, this should be noted in the report.
Limited Access to Property
Property Isolated or Hidden