AssociationHelpNowTM READ BY ASSOCIATION BOARD MEMBERS AND MANAGERS
We can not agree if we should place warning signs and a life-ring at our retention ponds. Some say once you address a possible safety issue it only sets you up for a lawsuit by someone claiming you did not do enough. You’re better off leaving it alone. Which is it?
There is no fixed answer. If someone is hurt in a retention pond, the association is likely to get sued, whether or not liability can be established.
Warming signs are a good idea, although not required by law. If there is some unusual hazard in the pond, known to the Association, then warning signs are important. Having a life preserver at a retention pond is not required, as long as swimming is not permitted.
Safety issues relative to what could be deemed attractive nuisances are interesting. There are many things that could be done – signs, life rings, fencing, walls, etc. But should they all be done? Normally a court will rule that if all reasonable safety precautions – which must be determined on a case by case basis – have been taken, liability does not lie. So it depends on the facts surrounding your Association’s retention pond (such as its location, how old, how much of an attractive nuisance, the size and assets of the Association, and more). The Association should also check with its insurance carrier as to what it deems necessary steps to take for coverage in case of a claim.
Sara A. Austin Austin Law Firm LLC 226 E. Market St. York, PA 17403 717.846.2246 phone 717.846.2248 fax saustin@austinlawllc.com