Condo Media - April 2010 - (Page 22)

RISK MANAGEMENT by Loura Sanchez, Esq. Learned Community Association Manager Liability LESSONS n our increasingly litigious society, it comes as no surprise that suits against property managers are on the rise. The incidence of lawsuits for professional negligence in various fields has increased greatly in the last 10 years, and the property management field has not been immune to this trend. While no course of action can completely eliminate the risk of professional malpractice claims, consistent communication and good rapport between the parties can assist in preventing many possible claims. As one court has observed, “[w]e do not suggest that either side is without sin in this matter; if there had been a greater degree of communication between the parties, this matter may never have resulted in litigation.” Many lessons of general professional liability can be drawn from an examination of legal malpractice claims and the steps that may have prevented them. I Causes of Increased Litigation There are as many different reasons for professional liability claims as there are practitioners in a given field. However, in addition to distinct factual bases, there are a number of societal trends that have been credited with increasing the number of lawsuits filed generally. These factors include increased publicity, heightened consumer expectations, a sense of victimization held by some consumers, deteriorating client relations and service providers who have failed to keep pace with changes in industry standards. Publicity. In recent months and years, the media has been quick to publicize cases of professional negligence. In addition, the media has crafted numerous lead stories detailing huge damage figures awarded by juries and judges for malpractice and other injury claims. 1 22 CONDO MEDIA • APRIL 2010

Table of Contents for the Digital Edition of Condo Media - April 2010

Condo Media - April 2010
Table of Contents
From the CED’s Desk
President’s Message
CAI News
CAI Regional News
Asked & Answered
Homeowner’s Corner
Risk Management
Rising Fears
Vendor Spotlight
Industry Perspective
CAI National Law Conference Was Tops … Now for the Bottom Line
.2010 CAI-NE Insurance & Restoration Directory
Advertisers Index
Classified Service Directory

Condo Media - April 2010