In California, Homeowners’ Associations (HOAs) have the same legal responsibilities as other property owners and managers. This means it must maintain safe conditions in common areas under its control and address or warn about known or foreseeable hazards. If it fails to fulfill these obligations, it may be held liable for slip-and-fall accidents when someone is injured due to unsafe conditions on HOA-managed property. You can even sue your Homeowners’ Association if you are injured due to negligence.
If you are considering suing an HOA for slip and fall, trust Salamati Law to fight for your right to receive a fair settlement covering all your losses, including both economic and non-economic damages. Call today to speak with a Los Angeles slip and fall lawyer.
When Can You Sue for a Slip and Fall Accident on HOA Property?
You can sue an HOA for injuries sustained in a slip-and-fall accident on its property when you can show that it breached a duty of care it owed to you by creating or failing to fix a hazardous condition on common property areas. You also need to demonstrate that the breach was the direct and proximate cause of your accident and that you experienced financial and non-economic losses due to your injury.
To prove a slip and fall case, the facts and evidence must also reveal that the HOA had actual or constructive knowledge of the hazard but failed to remediate or post warnings about it in a reasonable amount of time after the HOA acquired that knowledge.
Further, in many cases, the HOA will claim that the injured accident victim ignored an open and obvious hazard and was partially at fault for the accident. An experienced Los Angeles slip and fall accident lawyer will rebut those claims with facts and legal arguments that place liability squarely on the HOA.
What Common Hazards Lead to Slip-Fall- Accidents on HOA Property?
The common hazards that might lead to an injured party suing an HOA for a slip-and-fall injury are a function of the common area properties that the HOA manages or controls. For example:
- If the HOA manages a swimming pool, it may be liable if it fails to maintain fences and locked gates to prevent accidental drownings or does not clean up spills that can cause slip-and-falls around the pool area.
- The grounds and landscaping in HOA parkways, green spaces, and walking paths should be maintained and inspected regularly for overgrown roots, depressions, and other hazards that can trip members or their guests.
- Floors, stairs, entrances, and exits to HOA-managed buildings should not have loose rugs, broken boards, or uneven thresholds.
- Debris and trash that can cause tripping hazards should not be allowed to accumulate in HOA-controlled areas.
What Compensation Can You Recover After an HOA Slip and Fall Accident?
If the facts and evidence of your case show that you sustained slip-and-fall injuries and losses as a result of an HOA’s negligence, you can recover economic damages to compensate you for:
- Medical bills and expenses to treat your injuries
- Wages and earnings you lost while you were away from work and recuperating from your injuries
- Transportation costs to and from doctors’ and therapists’ appointments
- Your future medical expenses for ongoing treatment of injuries
- Costs you incurred for modifications of your house to adapt to your injuries.
You can also recover non-economic damages to account for your pain and suffering and impairment of your lifestyle due to your injuries.
What Should I Do if My HOA Is Liable?
Many injured parties will be confused over what to do after a slip and fall, particularly if the liable party is their HOA. The victim’s neighbors might argue that suing the HOA for slip-and-fall damages will cause their fees to go up, or the victim might be concerned that it will seek retribution with stricter enforcement of HOA rules against them.
However, don’t let these concerns prevent you from seeking the compensation you deserve. California law protects residents from retaliation by HOAs, and a skilled personal injury attorney can help navigate the complexities of the case while ensuring your rights are safeguarded. Additionally, HOAs typically carry liability insurance that covers injury claims, meaning compensation often comes from the insurer rather than directly impacting HOA fees.
Contact Salamati Law for a Free Consultation
The Los Angeles slip-and-fall attorneys at Salamati Law have represented injured accident victims in Southern California for over 30 years. We know the concerns that homeowners and other parties have over suing an HOA. We also know that no lawsuit would be necessary if it fulfilled its legal obligations to protect its members and guests from hazardous conditions.
Please call our offices at your earliest opportunity after your slip and fall accident for a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
