Can I Sue My HOA For a Slip and Fall Accident?

Slip, and falls are common injuries that can happen anywhere. Whether it’s a slippery bathroom floor, a city sidewalk, or at a local casino, slip and falls can usually be prevented with proper attention and maintenance.

However, not all slip and falls happen at stores and commercial locations; they can also happen in driveways or on sidewalks at your home. If you are part of a homeowners’ association (HOA) or live in a condo, you may be wondering who is liable to pay for your injuries and damages if you slipped and fell in your neighborhood.

In many cases, you have the legal right to pursue compensation for damages. Because slip and fall cases can be complicated and more than one party may be liable for damages, it’s best to consult with experienced Las Vegas slip and fall accident attorneys who can help you understand your rights and options.

Who is Liable for Slip and Fall Injuries?

In every slip and fall case, the first issue at hand is to determine the cause or source of the accident. Most of the time, a preventable hazard caused the injury, as in the case of a spill on the floor of a grocery store or an unmarked slippery bathroom floor that had been recently washed.

Around a condo or HOA community, the hazard may be an uneven sidewalk, outdoor equipment that was left in a walkway, or an oil spill that was not cleaned up properly. If a slip and fall accident happens in the common area, the HOA may be liable to pay for your medical bills, lost wages, and other damages.

You’ll want to carefully review your HOA contract with your slip and fall accident attorneys to determine who is responsible for maintenance around your home as well as in the common areas of the HOA community. If you were injured on public grounds in your neighborhood that you were not responsible for maintaining, you might be able to take legal action against your HOA.

Pursuing a Slip and Fall Case Against an HOA

Unfortunately, suing an HOA can be very complex. Although the HOA may be legally responsible, many HOAs have contracts with maintenance companies and government agencies that can make lawsuits very difficult.

For example, an HOA may not necessarily be able to make specific repairs to common areas, such as sidewalks, because they may require a unanimous vote from the board to release the funds, or the sidewalks may actually be the responsibility of the city and not the HOA.

You and your Las Vegas slip and fall accident attorneys will need to demonstrate evidence of at least one of the following in order to have a case against your HOA:

  • The HOA caused a hazardous condition
  • The HOA knew, or should reasonably have known, about a hazardous condition but decided to ignore it
  • The HOA was notified of the hazardous condition but failed to adequately fix the problem

How can a Personal Injury Attorney Help with my Slip and Fall Case?

You’ll generally receive compensation from the HOA’s insurance company, not the HOA itself. But in order to receive financial compensation for your damages, you’ll need to provide proof that their negligence caused your slip and fall accident. This is when working with Las Vegas personal injury lawyers can be invaluable. They will investigate and work on your behalf to prove four specific elements of negligence:

Duty: Establish that the HOA has a duty to care for the common areas of the community as outlined in your contract. This means you must prove that they legally have a duty of care to reasonably discover and repair any hazardous situations on the property.

Breach: Prove that the HOA breached its duty of care. This may include knowing about the issue but failing to address it adequately before it caused harm or negligence as a result of not being aware of hazardous situations.

Causation: Your slip and fall injuries must be the direct result of the HOA’s breach of their duty of care. For example, if the HOA had fixed the hazardous walkway, you would not have slipped and fallen.

Damages: Your medical bills, loss of income, or pain and suffering must be the result of the slip and fall accident.

Your personal injury lawyers will work to gather the necessary evidence to build a strong case on your behalf. This may include your HOA contract and bylaws, medical records, witness statements, maintenance records, video surveillance, and more.

Discuss Your Slip and Fall Accident with a Leading Personal Injury Attorney

If you’ve suffered a slip and fall accident in Las Vegas, contact the trusted legal team at Benson & Bingham Accident Injury Lawyers. We have decades of experience successfully obtaining compensation for clients who are the victims of negligence. Our knowledge of Nevada personal injury law and extensive experience set us apart from other law offices. Schedule your completely free and confidential consultation with us today!

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