I sprained my ankle/achilles on a loose step leading to my condo, can I hold the HOA liable for my medical bills?
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I sprained my ankle/achilles on a loose step leading to my condo, can I hold the HOA liable for my medical bills?
The HOA verified that the step was loose and fixed it. My ankle is still bothering me a month later. I have not seen a doctor yet but am still in pain.
Asked on May 6, 2013 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
IF the HOA was responsible for the maintenance of that step (which seems to be the case) AND they had notice that the step was loose (e.g. someone told them prior to your accident), then you could hold them liable. But if they did not know the step was loose and had no reason to know, they would not be liable, because in that case, they would not have done anything wrong in failing to fix it.
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