As a manufactured home community owner, you are responsible for maintaining common areas and addressing potential hazards to the community members’ and visitors’ safety. Premises injuries, most commonly in the form of slip and fall or trip and fall accidents, come in many forms. For example, broken playground equipment causing a cut, a child falling onto hard ground from playground equipment, or unsecured signage falling on someone and causing a head injury. These injuries can potentially result in large liability claims and cause your insurance rates to increase for years. With proactive maintenance and inspections, many premises injuries are preventable.
What is a Premises Injury?
Premises liability means that you are generally responsible for injuries that happen on your property due to improper maintenance or neglect. Circumstances and laws will vary case to case and state to state, but in general, if the dangerous condition was known or should have been known by a community owner and was not appropriately addressed, the community owner is liable for all damages, including medical expenses, lost wages, and pain and suffering.
How do Premises Injuries Affect Your Insurance?
When evaluating your community’s risks and costs for coverage, the property’s claims history is a large factor. The fewer premises injury claims your community has, the lower its insurance premiums. If your community has had multiple liability claims and premises injuries, the losses evidence there are safety and/or maintenance problems. Large losses generally result in 3 years or more of 3x insurance costs.
What are Common Causes of Premises Injuries in Manufactured Home Communities?
Slip and Falls
Falls can result in minor bruises to major injuries such as head injuries and broken bones. Even small things, like a crack in the sidewalk or a loose handrail, may seem like just aesthetic issues, but they quickly become significant liability issues.
Common Hazards to Look Out For:
- Uneven Sidewalks
- Cracks in Concrete
- Potholes
- Loose or Broken Tile
- Slippery or Wet Surfaces
- Algae or Moss Growing on Walkways
- Debris on Walkways
- Inadequate Lighting/ Burned Out Lights
Pool Accidents
While a pool can be a great selling point and benefit for your residents, pool-related injuries are another huge liability for your community. Routine inspections not only keep the pool clean and functional for your residents, but they also keep it safe. You can count on a plaintiff lawyer telling a jury that any loss was wholly due one of the following:
Common Hazards to Look Out For:
- Slippery Pool Decks
- Damaged Gates, Fencing, and Latches – all should prevent a wandering 5 year old from entering the pool area
- Broken or Improperly Maintained Pool Equipment
- Faded or Inadequate Safety Signage
- Broken or Missing Emergency Equipment
- Debris in Pool/ Foggy Water
Road and Vehicle Accidents
If a manufactured home community is lacking the proper road signage, such as stop signs at a four-way, and a vehicle accident occurs, the owner could be held liable for the expenses related to the accident. This also pertains to overgrown bushes, trees, dumpsters, or any other items that can block visibility. Regular community inspections can help identify what hazards need to be addressed before an accident occurs. Community speed limit rules must be enforced.
Common Hazards to Look Out For:
- Obstructed Visibility
- Debris in Road or Parking Areas
- Missing/Faded Signage
- Damaged Pavement and Potholes
- Poor Lighting
Storm-Related Hazards
Although storms and natural disasters can be unpredictable, community owners could be held responsible for bodily injuries and property damage caused by the storm or the aftermath. Whether you are found liable for the injuries or damage depends on the circumstance and laws in your area. Such potential incidents could be a resident tripping over a fallen branch or a tree falling on a resident’s vehicle.
Common Hazards to Look Out For Before a Storm:
- Dead Trees or Other Vegetation
- Overhanging Limbs
- Drainage Issues
- Unsecured Loose Items
Common Hazards to Look Out For After a Storm:
- Fallen Branches/Trees or Other Debris
- Cracked Branches that Could Potentially Fall
- Broken or Loose Lighting Fixtures, Awnings, or Signage (Anything that could fall and hit someone)
- Standing Water or Flooded Areas
- Unstable Ground
For more tips on managing your manufactured home community and reducing risks, visit our resources page here and learn more in our blog here.