Slips, Falls, and Negotiating with a Homeowner Association (HOA)
Accident injuries sustained within a condo building or on condominium grounds can lead to accountability disputes. Because of this, determining who is responsible for medical expenses can be complicated. It is common for homeowners, renters, and visitors to wonder whether the Homeowner Association (HOA) or the individual homeowner should bear the cost of accident-related expenses.
If you have questions about injury expense recovery, connect with a Boca Raton personal injury lawyer. Seasoned attorneys are familiar with the responsibilities of homeowners and Florida HOAs.
Standard HOA Responsibilities
Generally responsible for maintaining common areas, HOAs need to be sure that lobbies, hallways, stairwells, elevators, recreational facilities, sidewalks, and parking lots are safe for use. If a slip, trip, or fall occurs in one of these common areas, the HOA may be liable for the resulting injuries. This responsibility arises from the duty of care the HOA owes to residents and visitors.
To maintain safe environments, HOAs must ensure that common areas are regularly maintained and any hazardous conditions are promptly addressed. This includes fixing broken stairs, repairing damaged walkways, clearing snow and ice, and ensuring proper lighting. Failure to address these issues can result in the HOA being held liable for accidents and subsequent medical expenses.
It is important to note that most HOAs carry liability insurance. This insurance is in place to cover accidents that occur in common areas and help pay for medical expenses and legal fees if an injured party decides to file a lawsuit.
When Homeowners Might Be Responsible
Individual homeowners are responsible for the interior of their units and any private property that they own. If a slip, trip, or fall occurs within the confines of an individual unit, the homeowner may be liable for the medical expenses. For instance, if a guest slips on a wet floor in a homeowner’s kitchen, the homeowner’s liability insurance would typically cover the injury.
Additionally, some areas, such as balconies, patios, or designated parking spaces, may be classified as exclusive use areas. These are technically common areas but are designated for the exclusive use of a specific homeowner. Maintenance responsibilities for these areas can vary, depending on the HOA’s rules and regulations. If you are a condo owner, is it important for you to review your condo by-laws to understand who is responsible for injuries sustained in an exclusive area.
After garnering injury costs due to a slip or fall on condo property, you will likely need to examine the location of the accident and the maintenance responsibilities of the HOA to determine responsibility. Consulting with an experienced Boca Raton personal injury lawyer means you will have an expert on your side to guide you as you navigate the complexities of liability and compensation.
Who is helping you communicate with your condo’s HOA? After being hurt on a condominium property in Delray Beach, Deerfield Beach, or Pompano Beach, talk to skilled injury attorneys. Your lawyer can talk to your HOA on your behalf. Reach out to Leifer & Ramirez to get a free case review. Call 561-660-9421 today.
