Legal Question in Personal Injury in Arizona
Marking noticed hazard effects
Homeowner notified Homeowners Association (small HOA) of raised sidewalk hazard. HOA marked hazard until can be fixed. Other owners complained of bright hazard marker. Said HOA is ''asking for it'' - more liable - for other unmarked hazards yet discovered or noticed. Does marking a noticed hazard make the HOA more liable for other as yet undiscovered hazards? Will removing the hazard marker make us, the HOA, more liable if injury results from tripping on sidewalk hazard that was noticed?
1 Answer from Attorneys
Re: Marking noticed hazard effects
Property owner liability may be had for known defects or ones that should have been discovered with reasonable care. Warning of the defects gives people notice so they can avoid it. Do not delay in the repair. In my opinion it is better to warn of defects you know of and mark them and block the pacth so nobody walks there. That is common sense. If you know and mark, but delay in the repair, someone may take down the markings or claim the markings were insufficient, or that the repair was delayed.
Have a contractor inspect your property for defects and then remedy them. Ask your insurance company for literature or information on how to avoid claims and accidents.
Good luck
James D. Jenkins
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