Abramson Smith Waldsmith LLP
Treating California’s Injured With Dignity And Respect

Can SF building retrofits affect your injury claim?

On Behalf of | Oct 18, 2024 | Premises Liability

Have you ever wondered how building upgrades could affect your rights as a tenant? In San Francisco, the Soft-Story Retrofit Program has reshaped landlord liability in personal injury cases. This city initiative aims to strengthen older buildings against earthquake damage, enhancing public safety while introducing additional personal injury law considerations that affect tenants and property owners.

Understanding these changes is crucial for protecting your rights and managing potential legal challenges.

Key features of the Soft-Story Retrofit Program

San Francisco launched this program in 2013 to strengthen buildings vulnerable to earthquake damage. These buildings, typically built before 1978, have large ground-floor openings for garages or storefronts. The program’s main aspects include:

  • Requiring retrofitting for buildings with three or more stories and five or more residential units
  • Different deadlines based on building size and how many people live there
  • Strengthening of the ground floor to improve overall structural integrity

Building owners must also tell tenants about the retrofit process and any problems it might cause, fostering transparency and cooperation.

How retrofitting affects landlord liability

The program has created additional considerations in personal injury cases, such as:

  • Higher expectations for landlords: The city has raised the standard of care expected from landlords.
  • Awareness of risks: Tenants in retrofitted buildings may face challenges claiming unawareness of risks, as the process typically involves resident notifications.
  • Shared blame: Courts might consider the progress when assigning fault in partially retrofitted buildings.
  • Proof in lawsuits: Retrofit documentation might be substantial proof in injury cases.
  • New kinds of claims: The retrofit process itself could lead to new injury claims.

These changes may also influence insurance policies and premiums for both landlords and tenants in affected buildings.

Tenants can protect their rights by:

  • Staying informed about their building’s retrofit status
  • Reporting safety concerns quickly
  • Understanding their relocation rights if they need to move out
  • Documenting living space conditions before and after the retrofit

On the other hand, landlords may ensure compliance and mitigate potential legal risks by:

  • Meeting retrofit deadlines
  • Communicating clearly with renters
  • Asking an attorney about how their responsibilities are changing
  • Checking and updating their insurance

The Soft-Story Retrofit Program significantly shifts the city’s approach to building safety and landlord responsibility. Beyond individual buildings, this initiative strengthens the community’s ability to withstand and recover from potential earthquakes, fostering a more resilient San Francisco.