A personal injury claim refers to a legal action brought by someone who has suffered an injury caused by another's negligence, recklessness, or willful misconduct. A large number of California's roughly 50,000 Homeowners Associations (HOAs), the private organizations responsible for governing residential communities, maintaining common areas, and generally enforcing rules, are frequently named in these types of claims.
Common HOA Accidents: Where They Happen the Most and Why
Assaults, slips and falls, dog bites, and drowning or near-drowning account for most accidents on HOA properties in California, and most tend to occur in common areas. These common areas include swimming pools, clubhouses, playgrounds, and shared infrastructure, such as sidewalks, parking lots, and hallways.
When it comes to assaults and related injuries, negligent security is usually the cause. Slip and fall and playground injuries are often a byproduct of inadequate maintenance. As far as dog bites are concerned, most incidents stem from HOAs failing to enforce reasonable pet rules and restrictions.
Drowning and near-drowning, meanwhile, are often both tied to HOAs not implementing proper safety measures. That could mean not taking steps to prevent overcrowding, failing to install fencing, or simply not having a drowning prevention plan in place.
All of these events can lead to homeowners and guests suffering injuries, some of which can be severe. Slip and fall and playground injuries, for example, can result in cuts, bruises, sprains, fractures, and even traumatic brain injuries (TBIs).
Dog bites can result in deep puncture wounds, lacerations, infections, nerve damage, and damage to tendons or bones. Drowning and near-drowning accidents can lead to respiratory problems, such as pneumonia and acute respiratory distress syndrome (ARDS), and severe brain damage from lack of oxygen.
Can Homeowners Sue Their HOA for Failing to Maintain Common Areas?
Homeowners can sue their HOA if they suffered an injury due to an HOA's negligence. And that includes failing to maintain common areas. But doing so and being awarded damages is not always easy. That's because it requires proving negligence, breach of contract, and breach of fiduciary duty on the part of the HOA. To understand the role of each of these in a personal injury lawsuit involving an HOA, we need to examine them individually:
- Negligence - When HOAs fail to maintain common areas or take reasonable steps to protect the safety of homeowners and their guests, it is considered negligence. If someone suffers an injury as a result of that negligence, the HOA could be held liable.
- Breach of contract -HOAs are required to adhere to Covenants, Conditions & Restrictions, a legally binding contract that outlines the standards for property appearance. That includes rules for maintaining lawns, fencing, parking, walkways, and swimming pools, for example. If they fail to do so, it is considered a breach of contract. Such a breach allows individuals to sue an HOA if they suffer an injury.
- Breach of fiduciary duty - In California, HOA board members owe a fiduciary duty to the homeowners, meaning they are required to act in good faith, exercise reasonable care, and generally do what's in the best interests of their respective communities. When board members abuse their authority, exhibit favoritism, disregard safety, misappropriate funds, or engage in other egregious acts, it constitutes a breach of fiduciary duty. In addition to being grounds to sue, a breach of fiduciary duty may also support a claim for punitive damages.
Why You Should Hire an Attorney if You Suffered an Injury on HOA Property
While you don't necessarily need to hire an attorney to represent you in a personal injury case involving an HOA, doing so is highly recommended. An attorney can improve your chances of winning your personal injury case and ensure you get the compensation you deserve. Some of the things attorneys help their HOA personal injury clients with include the following:
- Gathering evidence - A licensed personal injury attorney can assist homeowner clients with collecting and organizing critical evidence. That includes witness statements, medical records, and photos. They can also obtain copies of their client's HOA bylaws and other relevant documents outlining the association's duties to help showcase negligence.
- Identifying responsible parties - A licensed personal injury attorney well-versed in HOA laws can determine if an HOA, property management company, or another party was responsible for causing their client's injury.
- Calculating and proving damages - A personal injury attorney can help clients determine the full extent of their damages. That includes medical bills, lost wages, pain and suffering, and, if applicable, property damage. This information can be presented to a court or the HOA's insurance company to support a personal injury claim.
- Negotiating with HOA insurance companies - An estimated 95% of personal injury HOA cases settle outside of court. When an attorney negotiates a settlement with an HOA insurance company on their client's behalf, it improves the client's chances of receiving a settlement that fairly compensates them for their medical bills, lost wages, and other damages related to their personal injury claim.
- Meeting strict filing deadlines - In California, the statute of limitations for filing a personal injury claim against an HOA is two years from the date of the injury. A licensed personal injury attorney can ensure their client's claim gets filed promptly. That includes filing the necessary paperwork with a court if settlement negotiations fail and a personal injury case must go to trial.
To summarize, injuries are not uncommon on HOA properties in California. Fortunately, homeowners can sue an HOA if their negligence contributed to their injury. And more often than not, they receive the compensation they rightfully deserve.
