Real estate managers often find tenants and collect rent, but one often overlooked function of a property manager is maintenance and ensuring that property conditions are safe and inhabitable. This function comes with a high degree of liability, especially if not given the attention that it merits.

There can be substantial monetary consequences for the property owner, corporation, and/or manager when a property is not properly maintained or a negligent action causes a personal injury to those that work, live, or visit the premises. Real estate property owners have a duty to warn of hidden dangers that they're aware of or should be aware of, properly maintain common property areas, and ensure safe furnished dwellings for short term leases.

When the property manager and/or owner fails in the above duties and negligently causes a personal injury to someone on the property, the injured party can file a personal injury lawsuit seeking compensation for: medical bills, emotional distress, pain and suffering, disability or disfigurement, lost income, and personal property damage.

Obviously, the best way to avoid such a lawsuit is to ensure that the property is properly maintained and that any problem area is clearly labeled and fixed in a timely manner. There are innumerable activities, circumstances, and property conditions that can be a potential source of personal injury.

Examples of Personal Injury Sources

Let's say that a stairwell step has been broken for several months. A tenant, employee, or property visitor stepped on the broken step and injured himself. All the injured party needs to prove to win a personal injury suit is: the property manager had a duty to fix it, but failed; the cost to fix wasn't unreasonable; the injury wouldn't have occurred otherwise; falling on a broken step is a foreseeable event for the property manager; and the negligence directly resulted in injury.

Slips and falls on sidewalks and entrances are common during icy or wet conditions. But, add a property manager negligently failing to identify or fix a broken handrail or cracked sidewalk, and it's a recipe for a personal injury claim. Unsafe and unmarked common areas, such as an open pool or inadequate walkway lighting, can also be a serious injury source.

An Expert Witness

Whether you're the injured party or the alleged negligent party, you should speak with your lawyer about hiring an expert premises liability and property litigation witness for their expert opinion before and during the legal proceedings.