# Notice to New York Property Owners and Managers

As a commercial property owner or manager and in some cases, tenants, depending on the terms of a lease, you can be sued for the actions of others in addition to having responsibility to your employees and tenants. Property owners are held to a high degree of responsibility since the public is frequently invited onto their premises. There is an extra duty to the public because of this and with a few simple preventative steps, chances of being involved in a lawsuit and causing a loss is greatly reduced. In the state of New York, property owners and employers, depending upon the circumstances, could be held to even higher degrees of responsibility due to the potential applicability of the New York Labor Laws.

There are four general areas of concern to note:

## Condition of the premises:

The building operator/manager/owner should take steps to ensure that the premise is reasonably safe. These steps should include meeting public safety codes and standards (building and fire codes); the premise is regularly maintained; inspecting the premise for accident hazards and addressing any hazards that are identified. Areas to consider are walking surfaces, roofs, roadways and parking areas on the property along with sidewalks. Don't forget the importance of interior and exterior lighting and to look for exposures at heights for items that may fall. Security of the premise should always be considered as well as building owners may be liable for injuries and damages caused by third party crime.

## Employee responsibility for safety:

The basic responsibility for employee safety must be assumed and committed to by all levels of management. Employees too, though, must realize they have a duty to make their workplace safe and healthy. It is inherently important that there be written safety plans along with enforcement of them. A written plan that isn't enforced does no good.

An especially important area of employee safety is in the height exposure. The requirement of fall protection, as outlined by OSHA and New York Laws (www.osha.gov and www.labor.state.ny.us), is a great resource for requirements. The duty for fall protection is required for activities or exposures involving: walking/working surfaces; unprotected sides and edges; landing edges; hoist areas; holes; ramps; runways; excavations; dangerous equipment; overhand bricklaying; roof work; wall openings and precast concrete erection.

## Subcontractors:

If the services of tradesmen such as carpenters, electricians, janitorial services, painters, plumbers, snow plow operators, etc. are used to help maintain your premises, you should require the same proof of insurance that you receive from your tenants. You should not allow others to perform work of any sort on your property, no matter how insignificant it might seem, without proof that they have sufficient insurance coverage to protect your interests. If you have contracts with any tradesmen, you should require that they name you as an "additional insured" under their commercial liability insurance policy. You should require a copy of that document. Remember to make sure the work area is access restricted, protecting the public and tenants from falling objects and openings in walking surfaces.