Slip and falls can occur anywhere. You can experience a minor or serious fall in an area that you frequent every day, whether it’s your local grocery store, park, or even your own neighborhood. Slip and fall cases usually result in only minor injuries, such as scrapes and bruises, but serious injuries can also occur. Slip and fall accidents can result in broken bones, head trauma, and even death if the incident is serious enough.
If your slip and fall accident was caused by the negligence of a homeowners’ association (HOA), you have every right to hold them accountable and seek damages. In the event that you or a loved one experienced a slip and fall, you should seek immediate medical attention. When you’re able, you should then contact an expert Indiana personal injury attorney to represent you and help you build a case against the responsible HOA.
Slip and falls are a type of personal injury that can result from slipping, falling, or tripping on someone else’s property. The legal term for a slip and fall case is “premises liability,” meaning that the owners of the premises were negligent which resulted in the victim falling. For you to have a legitimate slip and fall claim, you need to have experienced an injury and the fall needs to have resulted from the property owner’s negligence. For example, if you slip and fall as a result of a wet floor at a grocery store, you may be able to prove negligence and can receive damages from the store owners.
An important element in slip and fall cases is the possibility of comparative negligence. Comparative negligence means that the property owners were not the sole cause of your fall. For example, if you were distracted by your cellphone at the time in which you fell, damages may be determined by comparative negligence.
The slip was both the property owner’s fault and your fault for being distracted. A percentage is assigned to the parties involved, so the store owner may be assigned 75% of the blame while you’re only assigned 25%. You receive more damages based on how low your percentage of comparative negligence is, meaning that you’d be entitled to more compensation if you were 10% at fault rather than 25%.
Slip and falls are not unheard of in residential neighborhoods. A fall can occur in a common area in which the HOA is responsible, including sidewalks, a gym, a dog park, or another shared area.
If you experienced a slip and fall in a common area of your neighborhood, you need to take immediate action to build a case against the HOA. You need to read over the HOA’s by-laws, covenants, conditions, restrictions, and you need to research the HOA’s maintenance responsibilities. You need to make sure that the maintenance of the common area in which you fell was the responsibility of the HOA. Some common areas are the responsibility of the city government or another municipality rather than the HOA.
If your fall resulted from the improper maintenance of a common area that was your HOA’s responsibility, you may be able to sue them over breach of contract. To receive damages from an HOA, you need to prove that their negligence directly resulted in your accident. You need to collect evidence in order to prove your case.
Evidence can include the HOA’s by-laws, footage of your fall, pictures of the improperly maintained area, witness statements, and your medical records. Additionally, you need to present evidence that the HOA was aware of the unsafe conditions that led to your accident.
In order to receive damages from an HOA, they need to be at least 51% responsible for your fall. If you’re sharing fault in the slip and fall case, you need to be able to prove that the homeowners’ association was the main party that acted negligently.
Slip and fall cases can often be incredibly complex, especially when dealing with comparative negligence. If you or a loved one experienced a personal injury due to the negligence of a homeowners’ association, you need a team of legal professionals to guide you through your case. Contact Poynter & Bucheri, LLC for expert premises liability lawyers. Call us at 1-800-265-9881 or 317-780-8000 for a free consultation and a no-obligation case review. Let us help you get the compensation you deserve for your personal injury.