#24739
Austman
Flatchatter


    @scotlandx
    said:
    In relation to the external access staircase – given the advice provided by the engineer, the OC needs to take urgent/immediate action to prevent access to that staircase.  If it doesn’t, then the OC is likely to be liable for anything that occurs such as injuries to a person using the staircase, and an insurance company would not pay out on it.  That is a very serious matter as the owners will be personally liable.

    I totally agree with the getting the repairs done.  The OC seriously needs to attend to it.

    I disagree that “the OC is likely to be liable for anything that occurs such as injuries to a person using the staircase, and an insurance company would not pay out on it.” And that “owners will be personally liable”.

    The OC’s compulsory liability insurance is taken out specifically to cover the OC’s legal liability including when the OC is negligent (eg due to lack of maintenance).

    What can happen is that the insurance company will refuse to cover the OC again unless the OC first makes the necessary repairs. 

    And that’s serious too.  The OC must have compulsory liability insurance.