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Can I Sue My HOA for a Slip and Fall Injury?

Posted May 19, 2016 | Slip and Fall

Slip and fall accidents happen pretty frequently. You might be walking down the street or on the sidewalk and trip and fall over something that has been carelessly left out. However, not every slip and fall accident happens when you are far away from home. If you live in a condominium complex and or are part of a homeowners association, you could possibly slip and fall in a common area. If this happens to you, you might be wondering who is liable for your injuries.

If you were injured after you fell in a common area of your homeowner’s association property, you may have a right to be compensated for your medical bills, the earnings you lost, and other expenses resulting from your accident.  Attorney Brent Wieand can help.  As founder of the Wieand Law Firm, LLC, Brent has extensive experience handling complex slip and fall claims in Pennsylvania and is unafraid to challenge powerful adversaries.  Brent approaches every case with two goals in mind: crafting a compelling legal strategy, and holding the responsible party accountable for their actions.

To set up a free, completely confidential legal consultation with Brent, call the Wieand Law Firm, LLC at (800) 481-5206.

Do I Have a Slip and Fall Case Against My Homeowners Association?

Injuries are fairly common after a slip and fall accident and sometimes they can be severe. Many times when you slip and fall you might scrape your hand or your knee, but what happens if you break your elbow or your arm?  Who is going to pay your medical bills when you did not fall on your own property? – Link to “How to Prove a Property Owner is Responsible for a Slip and Fall Injury”

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When you move into a condominium complex you will often sign a lease that says that you are responsible for everything inside of the condo, apartment, or even house depending on where you are.  Commonly, the lease will also state that the homeowners association is responsible for the maintenance of the common areas of the property. If you have been injured in a common area of the property you might be able to file a case against your homeowner’s association provided that you demonstrate that:

  • The HOA caused the dangerous condition,
  • The HOA knew or should have known about the dangerous condition and ignored it
  • The HOA was notified of the hazardous conditions, but did not attempt to or did not adequately fix the problem or dangerous condition.

In a slip and fall incident on a sidewalk of a homeowner association (HOA), the association itself will become a source of financial recovery.

How Can an Attorney Prove My Case?

Most injuries are covered by a homeowner’s association master insurance policy. Generally, HOA’s maintain purchase general liability insurance to pay the costs of any lawsuits that result from people who are injured in the common areas of the property. However, in order to be able to have the HOA’s insurance policy cover your injuries you need to prove that they were negligent.

To prevail in a negligence action, a plaintiff must establish the defendant owed a duty of care to the plaintiff, that duty was breached, the breach resulted in the plaintiff’s injury, and the plaintiff suffered an actual loss or damages. This can be broken down into the following elements:

  • Duty – An HOA has the duty to take care of the common areas if it is provided in the contract. This means that they have a duty to exercise reasonable care to discover and fix potentially dangerous conditions on the property that others may not realize are potentially harmful
  • Breach – An HOA breaches this duty of care when they know of a dangerous condition but they do not fix the dangerous condition.
  • Causation – if you are going to successfully bring a claim against your HOA for negligence you will need to show that because they failed to correct a dangerous condition on the property you were in fact injured.
  • Damages – Damages are perhaps the easiest element to prove to successfully bring a negligence action. That is because you can prove damages by showing that you incurred medical bills or that you were unable to work as a result of an accident.

However, the HOA will not be liable for physical harm when the dangerous condition is open and obvious. A skilled personal injury attorney will be able to help you prove the elements of a negligence claim. Attorney Brent Wieand can help.  As founder of the Wieand Law Firm, LLC, Brent has extensive experience handling complex slip and fall claims in Pennsylvania and is unafraid to challenge powerful adversaries.  Brent approaches every case with two goals in mind: crafting a compelling legal strategy, and holding the responsible party accountable for their actions

What Are Common Injuries That Occur in Slip and Fall Cases?

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Slip-and-fall injuries can vary greatly, however, older Pennsylvanians are at particular risk for greater injury due to a slip and fall accident. Falls are the leading cause of both fatal and nonfatal injuries among older Americans. No matter your age, you can still be seriously injured because of a slip and fall. Some of the most common injuries include:

  • Head injuries.
  • Hip fractures.
  • Back and spinal cord injuries.
  • Shoulder injuries.
  • Sprains and fractures.

No matter what sort of property hazard causes a fall to occur, the end result is often personal injury or even the wrongful death of the victim.  In addition to causing close to 100% of hip fractures in elderly adults – and about 40% of the traumatic brain injuries reported from 2006 to 2010

Contact a Philadelphia Personal Injury Lawyer With the Knowledge to Handle Your Legal Issue

To set up a free and private legal consultation with Philadelphia personal injury attorney, Brent, call the Wieand Law Firm, LLC at (800) 481-5206.  Brent handles cases throughout Berks County, including Reading, Kutztown, Wyomissing, Fox Chase, Shillington, Sinking Spring, Laureldale, and more.

*Disclaimer: This article is for informational purposes and is not legal advice. The Wieand Law Firm, LLC is based in Philadelphia, PA, and proud to serve clients throughout Pennsylvania and New Jersey.*