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Liability for Shelters

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Defy

on June 14, 2023

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Allowing individuals to inhabit your property exposes you to several liabilities, many of which vary in severity depending on state and local laws. Consider the following, and work with Defy Insurance to develop an appropriate risk management plan.

Habitability

In many cases, and especially if you are receiving public  funding, you are responsible for maintaining certain  standards of habitability for those staying on your  property. It is important to be familiar with all local  codes, including fire codes, health codes, tax codes and  electrical codes. Requirements may include the  following: Structurally sound buildings 

  • Sanitary conditions 
  • Clean water supply 
  • Adequate air quality 
  • Sufficient space and security for each occupant
  • Lack of lead-based paint hazards 
  • A certain number of smoke detectors

Premises Liability

If a visitor to your shelter suffers harm from unsafe or  unhealthy conditions, and subsequently decides to sue  you, you could be held negligent and be responsible for  damages. As a property owner, you are legally  responsible for preventing visitors from being injured or sickened on your property – this is called reasonable  care. When someone is injured on your property as a  result of your failure to repair or warn about a danger on  the property, you are liable for damages. The extent to  which you are liable depends on case history in each state.

Protecting your organization from this exposure could  comprise a variety of actions, including the following:

Proper warning, a simple posting can satisfy your  legal duty.

  • If you are able to predict something that could cause  sickness or injuries, such as bad water heater, a  faulty furnace or other hazards, prevent those  problems from harming those staying on your  property by fixing problems immediately and maintaining the facility properly.
  • Taking precautions against careless or criminal  conduct on the part of a third party. This may include providing a reasonably sufficient number of  people to protect against it, hiring security, or  installing security systems, gates or fences.

Work with Us

Examine your organization, and determine which  preventive measures are appropriate to protect against  liability. It is important to remember that the degree to  which you could be held liable is largely dependent on  your jurisdiction and the outcome of past cases.

In addition to taking necessary preventive steps, work  with Defy Insurance to ensure that you have purchased  sufficient liability insurance that will cover you in the  event of a claim.

Get a free insurance quote from Defy Insurance: https://zurl.co/FsxS

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