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Utah Property Manager Escapes Liability for Injury

July 9, 2014

In a recent decision, the Utah Supreme Court held, a condominium property manager owed no duty to a resident in the complex who tripped and fell on tree shoots in the lawn. In a lengthy decision addressing several legal theories, the Utah Supreme Court stated that the property manager was not a "possessor" or the land, did not owe an independent duty to the owner, and had generally complied with its contractual obligations. One lesson is clear from the decision. If a property manager takes any action to contribute to a dangerous or unsafe condition, the manager may be liable. Although the court was concerned that the property manager may have contributed to the danger caused by the tree shoots through repeated mowing instead of proper removal, the issue had not been properly addressed by the plaintiff and was therefore disregarded. The core lesson for associations and managers is to always strive to resolve unsafe conditions in HOAs. Nobody wants anyone to get injured enjoying the open space in an HOA, regardless of legal concerns.

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