Association Liability Concerns on Natural Threats for Florida Communities
If an association is negligent of natural threats in the community that are likely to cause injury, then they are held liable for the risk of injury. There are known, but hidden dangers in communities that associations, as property owners, know of. If invitees or licensees such as contractors are allowed into the property without any warnings of predictable danger, associations are deemed to be negligent. The property owner, who in this case is the association, should be responsible for maintaining the safety of a property and issue signs of warnings in cases of likely but invisible dangers.
A landowner owes two duties to an invitee in their premises. One is to use reasonable care in maintaining the premises and two is to give out caution for hidden dangers that are known to the landowner but not to the invitee. The association, in this case landowner, will not be found liable for any injuries in case something happened to an invitee or licensee while having provided reasonable caution.
If an association is aware of possible threats in the community, they should be able to provide reasonable caution as advised by their insurance or professional counsel team. These could be in form of cautionary and warning signs explaining possible dangers in the community association or a note of the issue being addressed. The association should take necessary measures to deal with liability concerns that may arise as a result of threats in the community known to them.