Yes, you can.
If the HOA played a role in causing the dangerous condition of its property, then you can pursue a claim against that HOA.
If you have been hurt in a premises liability accident that you believe was caused in whole or in part by a HOA, it is vital to consult with an experienced attorney as soon as possible. At McKibben Shaw Law, we have a track record of fully investigating all possible avenues for you to recover compensation after a premises liability lawsuit. And we will also walk you through each phase of the case and advise you if obstacles arise so that you feel empowered and understand what to do next.Handling a Slip and Fall Claim Involving a Homeowner’s Association
Slip and falls are some of the most common accidents that can occur anywhere.
In individuals at the age of 65 years and older, slip and fall accidents are the leading cause of death.
Plaintiffs (injured people who bring a lawsuit) often have grounds to pursue in a traditional premises liability case because they have sustained injuries. The defendant is most often the owner of the property who was negligent in removing dangerous hazards from the property.
If you are part of a homeowners' association or condominium, you need to know your rights after a trip and fall accident. The first thing to do is investigate the cause of the accident and your premises liability lawyer can help you with this.Defining Preventing Hazards Falling Under the Purview of an HOA
A preventable hazard is often the source of the injury like a spill negligently left on the floor of a store. In the home, however, the hazard could be an uneven curve in a common location or a piece of equipment that was left in the walkway. Injuries that occur in a property's common area may fall under the liability of the homeowners' association. This is common at HOA sponsored events or in common areas controlled by a HOA rather than a particular landowner.
One type of claim can involve injuries at HOA-controlled clubhouses or swimming pool, tennis courts or basketball courts. Sometimes, a written contract can absolve the HOA of liability. This is called an "exculpatory clause" in a contract between the HOA and the homeowner. See Attorney Shaw's blog on "exculpatory clauses" in contracts on this website.
If the homeowners' association bears the responsibility, then this can constitute grounds for a premises liability case. Many of the contracts linked to homeowners' association state that the homeowner is responsible for the maintenance of everything inside the house or condo, whereas the homeowners' association takes responsibility for common areas of the property.
If your accident occurred in a common area or in the grounds of your neighborhood, the HOA may be liable. You need to show that the HOA owed you a duty of care, that the HOA breached their duty of care, that this breach of duty was directly linked to your injuries, and that you sustained damages in the form of severe injury because of a slip and fall accident.
Evidence may include medical bills, records showing your injuries and proof that you had to miss work as a result of the accident. You need an experienced attorney who is prepared to pursue claims against the homeowners' association if you have been seriously hurt. Your choice of lawyer will be instrumental in moving forward with a legal claim and giving you the peace of mind that your rights are being fully protected from end to end, call Attorney JJ Shaw today.