The community in which I live has beach front property, who is liable for personal injury?

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The community in which I live has beach front property, who is liable for personal injury?

The association has taken away our beach house rights due to the fact there is no insurance on that property. How do we make it so that the association is not held liable for personal injury? Does posting “Private Property Enter At Own Risk” prevent the association from being held liable? What do we need to do to prevent association from being held liable due to personal injury?

Asked on June 24, 2009 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Anyone who is injured on the property in front of your house will sue you and the association and not worry about the insurance.  But you are correct to worry.  Is it indeed Private Property?  Would someone who was on the beach be considered a trespasser?  All these, and other questions, can only be answered by someone who has also read whatever by-laws or other agreements there are between you as owner and the association.  The association may have an umbrella policy that covers all owners that may be "secondary" to your insurance as "primary" or some other provision in the agreements that provide for this situation.  You should really seek legal advice by providing someone with all the necessary documents and the facts.  Being uninsured is very dangerous.  The consultation is worth the worry.   Try here at attorneypages.com.    


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