Injury to Board Member on site.. QUestions?

Started by NoelleC2 • 15 replies • 1322 views

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NoelleC2 (California)
Posts: 47

Posted:

We are getting our walkways redone per our HOA vote. I am also a homeowner, boardmember. I walked outside my front door to take my trash down. It's Saturday I know there have been workmen here. I turned the corner to get to the elevator and slipped, twisted my ankle. I looked at the workers and asked them why are they here on Saturday doing our walkways. No answer. I noted they are painting our walkway surface. No CAUTIION tape anywhere. I emailed our management company and our HOA Prez.

I don't want to scare anyone, but my ankle is injured. Its already hurting. Is this an HOA issue?

Worker working on the surface where I slipped.. no caution tape, fresh paint on walkeay.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Ask a lawyer please. You are going to get a million opinions here but none of us are for real lawyers.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Noelle,

I think it would depend upon whether the fall was definitely caused by the work being done on the sidewalk. Were they working in the spot where you fell? Was the sidewalk slippery because of the work (painting) they were doing?

NoelleC2 (California)
Posts: 47

Posted:

I slipped because of wet paint on the walkway.... no signs were posted nor safety tape. They were working in the around the corner painting... I obiously did NOT see them until I sliped. I am going to talk to my atty. Donna is right. But thanks.

JerrellC (Florida)
Posts: 83

Posted:

NoelleC2 When you fell were you on the common property of the development or were you in the street right of way? If you were on the common property of the development you may have grounds for a suit against the association and the workmen's company and their liability insurance. If you were in the street or on right of way you may have grounds for a suit against the city and/or the workman's company and liability insurance. I think you definitely need some legal advice on it befor getting into a court suit. The workmen do seem to be liable but you need to know on whose property you were on when your accident happened. JerrellC

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jerrell,

My understanding is that the workmen were hired by the assn, so whether it's assn property or city right-of-way property, the assn is liable.

TimB4 (Tennessee)
Posts: 21,046

Posted:

Quote:

Posted By MaryA1 on 03/14/2010 8:23 AM
Jerrell,

My understanding is that the workmen were hired by the assn, so whether it's assn property or city right-of-way property, the assn is liable.

Actually there is probably a shared responsibility there. There workers should have put up caution signs and the Association should have verified that the signs were going up. If it were me, I would file against both and let the court decide on who has what share.

Tim

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tim,

By an agreement between the City and the developer, my assn is resp. for maint of City right-of-way areas along the major streets in our HOA. There is no "shared" agreement on this maintenance. The HOA determines when any work needs to be done and they are solely resp. for doing it. This includes monthly maint and also long-term improvements. The only time the City gets involved is if the HOA wants to remove trees or shrubs which the City needs to approve. Of course different jurisdictions may have different requirements/agreements.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Noelle,

Curious, what injury did you occur?

TimB4 (Tennessee)
Posts: 21,046

Posted:

Quote:

Posted By MaryA1 on 03/14/2010 8:52 AM
Tim,

By an agreement between the City and the developer, my assn is resp. for maint of City right-of-way areas along the major streets in our HOA. There is no "shared" agreement on this maintenance. The HOA determines when any work needs to be done and they are solely resp. for doing it. This includes monthly maint and also long-term improvements. The only time the City gets involved is if the HOA wants to remove trees or shrubs which the City needs to approve. Of course different jurisdictions may have different requirements/agreements.

OK.

I would also expect that your Association actually owns the land the city has an easement on. I could be wrong.

Based on what you posted and this expectation, if your Association hired workmen who were negligent and I became injured, if I were inclined to file legal action, I would still file against the workmen and the Association. However, if the city actually owned the land, I would include them in the action as well. The person that got hurt is probably a little responsible as well. The courts would be the one to assign a percentage of responsibility on each party (including the person hurt).

Tim

NoelleC2 (California)
Posts: 47

Posted:

It's private property. It occurred on our 3rd floor walkway... definitely HOA property, common area. However, I am NOT sue happy, but I did let the HOA know our workers are not taking the proper precautions and really leaving us at a liable for injuries..

Mine is a twisted ankle. It's better today and I am walking on it.... I admit I am lucky. It' could of be disasterous if I was lets say.. 80 year old woman with a bad hip??

NoelleC2 (California)
Posts: 47

Posted:

DonnaS (Tennessee)
Posts: 5,671

Posted:

That a girl Noelle,

Take the high road and forget the sue. IF you had been seriously injured, then that would be another story. Glad to hear that the ankle is okay. But also, you did the right thing to put the HOA on notice for this carelessness. It could have been so much worse for everyone there.

TimB4 (Tennessee)
Posts: 21,046

Posted:

I agree with Donna.

Tim

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tim,

A City right-of-way area means the area is owned by the City.

I'm not an attorney so I don't know if the City should be included in any lawsuit; however, I would think if the HOA has hired the workmen they would be liable for their actions.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Noelle,

Your title on this thread just caught my eye. It said, "Board member injury" What difference does it make if you are a Board member in this instamce? A slip is a slip, if you are an owner, Board member tenant or employee , none of these is more important or warrants more attention than the others.

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