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Writer's pictureAndrew Wielawski

Town Governments and Liability

Updated: Jan 11

A small town office of the Supplemental Nutritional Assistance Program, or SNAP, has this bench outside it's front entrance.

In assessing risk, there are many factors to consider. Does the SNAP office rent from a landlord, or do they own the building and the grounds? Are they responsible for cutting the grass, and maintaining safety? If litigation were to occur because of an accident, who would most likely be charged for negligence?

The space is public, and draws people who need assistance, some of whom suffer from a variety of handicaps, both mental and physical. This aggravates the responsibility of the SNAP program itself, because such individuals are more likely to need to sit down.

Additionally, the program has drawn them not only because of their nutritional needs, but also because it helps with medicaid.

While this example has its own peculiarities, any public space that has stone or cement deocorative elements, is subject to deterioration, and needs to be managed with attention to risk factors. At the end of the day, a lawsuit is a much larger financial risk than whatever it costs to keep these structures safe.

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