LIABILITY

become a significant issue.

There are endless risks for a property owner; some are obvious and some may not be. From poor maintenance of building balconies to lack of security to natural causes, such as fire and ice, the business owner is responsible.

This is no joke in Connecticut, where juries over the years have awarded millions against companies in premises liability cases. In one instance, a man won $10 million against a phone company because he became paralyzed after falling into a stairwell while making a call. The phone had been installed in a dangerous setting.

Another case involved a factory worker who won more than $5 million after he was hit and seriously injured by defective machinery.

Another issue of concern for property owners of large buildings: escalator and elevator accidents. These cause harm to 17,000 people each year in the United States, according to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission.

About half of the deaths from elevator accidents involve people working on or near the elevators, and half of those involve workers who fall into an elevator shaft, according to the statistics. Oftentimes, these accidents could have been avoided if property owners had adequately inspected and maintained the elevator. When it comes to escalators, sometimes simply having a warning sign can help.

It may be time for an independent risk assessment — before the workforce returns in full. That could provide sufficient time to make needed adjustments.

If an apartment building owner or a hotel has lax security, the owner could be subject to a premise liability case for a variety of reasons. Are security cameras installed in the right places? Are they being properly monitored?

Incidentally, while we remain in the cold season, it is important to note that swimming pools of all kinds are another concern for property owners.

Whether they are privately owned, owned by a nonprofit organization or by a municipality, obviously pools have inherent risks, especially when they aren’t properly secured or are not correctly maintained. Are there sufficient signs saying “No Diving” at shallow areas?

Pools also are child magnets, so adequate fencing is essential — and required. Pool chemicals can be extremely harmful, too, causing chemical burns or worse.

Owners of real estate have an obligation to keep their properties safe for employees and visitors. Failing to do so can result in significant financial liability. While it’s important to keep employees safe from COVID, you must not neglect other concerning issues. Employee safety is at stake — and the health of your business is on the line.

J. Craig Smith is a personal injury plaintiff attorney with Koskoff, Koskoff & Bieder. He has argued before the Connecticut Supreme Court and, as co-counsel, brought a case before the U.S. Supreme Court. Smith has tried dozens of cases to verdict, ranging from personal injury and product liability to antitrust, eminent domain and fraud. He can be reached through the firm’s website, www.koskoff.com , or at 203-336-4421.