I was just delivered a lawsuit yesterday

[Collin Hays]

Well, not really.  But I have been before.  Now that I have your attention, I want to talk about your and my liability as property owners and what we can do to limit it.  

The first order of business when you acquire a property is evaluating RISK MANAGEMENT of your property.  I recommend a thorough risk management survey, preferably by a third-party professional that is trained to spot problems. One of the biggest - and often overlooked - responsibilities of STR ownership is risk management. It is your responsibility to ensure that your property is safe for guests. Don't assume that it is.

If a liability claim ever arises against you for injury or death on your property - and it DOES happen - your risk management will be intensely scrutinized by a plaintiff attorney and potentially a judge or jury. If you have been negligent in your risk management, your insurance company could deem your negligence "gross negligence", which means 1) They will not defend you, and 2) You may be on the hook for not only actual damages, but exemplary damages of up to 4X actual damages, depending on the state.

Here are some claims we've heard of over the years in the Smokies:

1. Broken leg due to a fall down rotted steps. $200K settlement.

2. Allergic reaction to yellow jacket sting. Owner ignored yellow jacket nest near the porch. $310K settlement.

3. Drowning in pool. Security gate latch had been disabled. $1.3 million settlement.

4. Car totaled by falling tree that was dead. $44K settlement. Had the car had occupants, there would have been fatalities.

5. Child sustained broken leg and concussion from falling through rail spindles that were too far apart. 3 days in the hospital, surgery. $281K settlement.

Not only is it important to take care of all potential risk management areas in your start-up, but essential that you are regularly checking your property to identify emerging areas of concern.

Stay on it or your day in court is coming.