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When an HOA faces a personal injury claim

On Behalf of | Oct 18, 2019 | Homeowner Association Law

Did a homeowner or his or her guest get hurt while utilizing common space in your community? Are you or the homeowners association you volunteer for facing a lawsuit because of it? In Missouri, when an HOA faces a personal injury claim, it and its board members can take steps to fight or settle the matter as quickly as possible.

An HOA is generally responsible for the upkeep of any common areas in the community it governs. Failure to maintain the property or fix any known issues in a timely manner is likely to lead to personal injury claims being filed if residents or their guests suffer injuries because of it. The sad reality is, even if an HOA is on top of everything, lawsuits may still happen. When people get hurt, they just want to find someone to blame.

When it comes down to it, individual HOA board members usually cannot be held responsible for any losses suffered by those hurt while on community property. A single board member may only be liable for damages if there is proof that he or she specifically contributed to the victim’s injuries. Generally, it is the HOA itself that has to worry about lawsuits. Even then, HOA insurance can help pick up the tab if a case is ultimately settled out of court or if litigation favors the plaintiff.

If you are an HOA board member or an HOA owner and operator in Missouri, the steps you take after learning of a personal injury claim being filed against you matters. You usually only have so many days to respond to the complaint, so the sooner you seek help with the issue, the better. With the assistance of counsel, you can make informed decisions regarding the best way to approach the case so you can minimize any damages. To learn more about how legal counsel can be of help to you and your HOA, please take a moment and visit our firm’s website.