Slip and Fall in Icy Condominium Complex

Case Overview

This case involves a slip and fall at a residential condo complex in Utah. The condo complex has over 100 units, one of which is owned by the plaintiff. The plaintiff was walking to his unit from his car during a snow storm. There was a section of ice in the driveway and as soon as he stepped on the section, he fell to the ground, breaking his wrist. The condo complex provides plowing to both roads and driveways but does not sand the driveway. The trustee of the complex claims they do not sand the area because it is considered “exclusive use” and not a common area. The plaintiff contends the owner has exclusive use of the easement of the driveway, but the owner cannot “sell” or “own” the driveway. He therefore considers it a common area.

Questions to the Mechanical Engineering expert and their responses

Please discuss your background in setting safety standards as it pertains to snow and the building management's responsibilities in clearing the snow in certain areas to ensure the safety of the residents.

I have 30 years of experience in professional property management. It is surprising to me that they would not have taken precautions to prevent incidents such as the one in this case from occurring due to accumulation of snow and ice.

How do you determine exclusive use vs. common areas?

The driveway is an area that all residents would have access to rendering it a 'common area' and this is the responsibility of the property management team.

About the expert

This qualified expert has over over 27 years of experience in real estate management including commercial, residential, facilities, and asset management. His experience included overseeing safety, environmental compliance, and risk assessment. He has received various certifications including property management by the Institute of Real Estate Management and green building and sustainability by the United States Department of Housing and Urban Development. He previously served as President for the New England Affordable Housing Management Association. His past positions include managing maintenance duties as well as overseeing operations and portfolios. He currently serves as Director of Facilities Management and Capital Planning for a non-profit real estate developer.

E-008278

Specialties:

Mechanical Engineering