Property Owners Must Prepare for Potential COVID-19 Liability Issues

Originally published by Ron Derven in NAIOP's Summer 2020 Issue.

During a pandemic, business-interruption insurance may not be a panacea.

As the COVID-19 crisis continues to affect the U.S., commercial property owners need to prepare for potential liability issues arising at their buildings, according to attorney George Pincus of Stearns Weaver Miller, P.A., in Fort Lauderdale, Florida, during a recent NAIOP webinar.

He offered these tips to protect properties, tenants and landlords from liability:

Communicate with tenants. A primary way to mitigate potential liability is by always being a “reasonable and prudent” commercial property owner and operator. That is one who conducts business with “skill, diligence, care, prudence and foresight,” according to Law Insider’s legal definitions dictionary. Establish and frequently use communications channels with tenants (including those working remotely) such as e-mail, websites or written notices.  Ask them to agree that these are the ways you will communicate through the crisis. Update tenants frequently on the status of the building. Provide as much information as possible. This includes hours and services, and building access procedures. If the building’s janitorial services are not equipped to perform decontamination or extraordinary disinfecting, explain why. Provide reminders that tenants should review and institute procedures for cleaning requirements.

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