Porch Pickups & Premises Liability: The Risks of Facilitating Rentals
Peer-to-peer clothing rental and resale platforms are becoming common on college campuses. Whether facilitated through an app, social media, or arranged informally between students, porch pickups may feel harmless and convenient.
From a risk management standpoint, they are not.
When you invite non-members onto sorority property, even briefly, you elevate your liability exposure. And under premises liability law, individuals you invite onto your property are often owed a higher duty of care.
A Claim Example
Recently, this risk has been tested at a chapter house porch pickup.
A non-member purchased a dress from a sorority member and was instructed to pick it up from the chapter house porch. It was winter and the chapter house failed to maintain the rear access ramp in a reasonably safe condition during known icy weather. Property managers knew of the hazardous condition (significant ice accumulation and multiple falls reported the same day) and did not adequately remediate, treat, or warn of the danger. While approaching the porch, the non-member slipped, fell, and fractured her elbow and required surgery.
Because this non-member was invited onto the property for a transaction, she is owed a higher duty of car. What followed was a premises liability claim alleging failure to maintain safe conditions. What felt like a casual exchange became an insurance event.
Understanding Your Duty of Care
In most jurisdictions, visitors are classified into legal categories that determine the duty owed to them. The chart below outlines the duties owed to different types of visitors to a property.
| Invitees (Business/Public Visitors) | Licensees (Social Guests) | Trespassers |
| Highest Duty Owed | Duty Owed | Lowest Duty Owed |
| An invitee is someone invited onto property for a purpose that benefits the organization or its members. A clothing rental or resale pickup may fall into this category. | Even under this classification, failing to address known hazards can result in liability. | Trespassers are owed the lowest duty. Individuals picking up clothing items at a member’s invitation are not trespassers, they are invited guests. |
For invitees, you are typically required to:
- Actively inspect the premises;
- Repair hazardous conditions;
- Warn of non-obvious dangers; and
- Maintain reasonably safe walkways and entrances.
This is the highest duty of care under premises liability standards. If a known hazard exists, like uneven concrete or icy conditions, and no corrective action is taken, liability exposure increases significantly.
Why Porch Pickups Create Elevated Risk
Allowing non-members onto chapter property for transactions introduces several possible exposures:
- Slip, trip, and fall claims;
- Inadequate lighting hazards;
- Snow and ice maintenance failures;
- Security concerns involving unknown individuals; and
- Increased claims frequency.
Even if a member arranges the transaction personally, an injury occurring on sorority property can implicate the chapter and its insurance program.
Policy Consideration for Housing Corporations
Housing corporations should consider adopting a written policy addressing clothing rental, resale, and other peer-to-peer transactions that may bring non-members onto chapter house property. While chapters may choose to prohibit these exchanges on-site and encourage members to conduct them in public campus locations, it may not always be realistic to ensure that all transactions occur off property. For that reason, many housing corporations may find that mitigation is the next best option.
If transactions are permitted, consider establishing clear guidelines to reduce risk. Establishing clear expectations helps reduce ambiguity and demonstrates proactive risk management.
Best Practices
The safest approach is not to conduct clothing rental or resale pickups on sorority property. Encourage members to:
- Meet in public campus spaces;
- Use student union facilities; or
- Utilize neutral third-party pickup lockers or host locations like a resale storefront.
Removing the transaction from the property removes the premises liability exposure.
If your chapter chooses to allow pickups on property, risk controls are essential:
- Use a secure, weather-protected lockbox;
- Designate a single, well-lit pickup location;
- Maintain and routinely inspect access paths;
- Promptly remove snow and treat ice;
- Restrict visitors from entering residential areas;
- Place signage around and block off any hazards until they can be addressed; and
- Document maintenance efforts.
When you invite individuals onto your premises, you assume a heightened duty to ensure those premises are reasonably safe.
The Bottom Line
Slips and falls are among the most frequent and predictable liability claims across chapter house properties.
When you invite non-members onto sorority property, you elevate your legal duty of care. Invitees are typically owed the highest standard to maintain reasonably safe premises. To fulfill this duty you must actively inspect the premises, repair hazardous conditions, and warn of non-obvious dangers.
The most effective risk management strategy is to manage rental and resale transactions are to move these transactions off property. If that is not possible, ensure your chapter’s practices reflect the elevated duty you owe invited guests.
Prevention is always less costly than a claim and instilling best practices will protect your chapter from potential liability!