CIA Building Insurance Specialists

What to do after a potential liability incident - Part 4

In part 3 we looked at preventative measures to reduce the risk of liability.

In this newsletter we will look at practical steps to take immediately after an incident.

When an incident occurs - whether it involves injury or damage to third party property- the actions taken in the moments and hours that follow can significantly impact the outcome of a claim.

Key steps to consider include:

- Ensure the immediate safety of all persons and arrange medical assistance if required

- Take reasonable steps to prevent further injury or damage

- Report the incident to the relevant managing agent or responsible person without delay

- Obtain statements and contact details from any witnesses

- Never admit liability or accept responsibility at the scene of an incident, as this may prejudice the ability of insurers to accurately assess and respond to the claim.

Accurate and detailed documentation and photos remain one of the most important tools in managing liability risk. It ensures that there is a clear record of events and supports a fair and efficient claims process.

Prompt reporting is equally important. Delays in notifying insurers can complicate the handling of a claim and may, in certain circumstances, impact the outcome.

It’s important to remember that while you are responsible for taking these actions in terms of the policy, any costs incurred will be for your own account until we have assessed the merits of the claim.

In Part 5 we will summarise this series highlighting key points to remember.

Preventative Measures for Liability - Part 3

Continuing with our topic of liability, this week we will look at some practical measures that can help reduce your risk.

If someone is injured or their property is damaged due to unsafe or poorly maintained premises — and the body corporate or building owner is legally responsible — the liability section of your policy offers protection.

However when it comes to liability, prevention is always better than cure. There are a number of practical steps that can help reduce the likelihood of such claims arising:
Regular inspections and ongoing maintenance
Prompt repair of hazards or faulty equipment
Clear warning signage when cleaning or repairs are underway
Routine servicing of lifts, gates and electrical systems
Keeping proper incident, inspection and maintenance records
Visible and clearly written disclaimers where appropriate
Good record keeping is particularly important as it can demonstrate that the insured took reasonable care - which is key if a claim should arise.

In Part 4 of this newsletter we will look at what to do after a possible liability incident.

Examples of Liability claims - Part 2

In Part 1 of this newsletter, we looked at the concept of liability and what constitutes legal liability.

In this newsletter we are going to look at some practical examples of potential liability claims.

Let's look at some examples:

Slip & trip incidents:

A resident slips on a wet entrance floor with no warning signage and fractures an arm. The body corporate or building owner may be held liable for medical expenses if reasonable precautions weren't taken.

Gate malfunctions:

A gate suddenly malfunctions and closes on a vehicle or person. Injuries or damage caused by building equipment that the building owner or body corporate is responsible for maintaining may result in claims.

It is important to note, however, that if a gate sensor (or similar safety mechanism) was functioning correctly and maintained appropriately, but fails unexpectedly for the first time, this does not automatically give rise to liability. Each incident must be considered on its own merits, taking into account whether there was any negligence in maintenance, inspection, or response to prior issues.

Poorly maintained common areas:

Uneven paving, potholes, broken handrails, inadequate lighting may lead to trips or injuries. If the hazard was known - or should reasonably have been known, the building owner or body corporate may be held liable.

In Part 3 of this newsletter, we will look at some preventative measures to reduce your liability risk.