RogerJ1 (Texas)
Posts: 550
Posts: 550
Posted:
My POA, with county roads and prior county traffic control signs, recently replaced the county signs with custom signs, owned by the POA. As part of its agreement with the county, the POA took over legal liability for personal injury and property damage related to the signs. It also gave as its reason for replacing the signs its desire to improve the safety of the traffic flow.
If someone were to get injured related to the signs and the claim was ruled more than any insurance the POA has, and more than the POA's funds, how likely is it the plaintiffs would have claims against homeowners for the remainder?
In researching I found a legal article that indicated a plaintiff could come after homeowners in such a somewhat similar situation if negligence were shown: https://archive.naplesnews.com/business/richard-white-what-is-my-personal-liability-when-a-hoa-is-sued-ep-512505036-330911801.html/
How realistic is this risk to POA homeowners?
If someone were to get injured related to the signs and the claim was ruled more than any insurance the POA has, and more than the POA's funds, how likely is it the plaintiffs would have claims against homeowners for the remainder?
In researching I found a legal article that indicated a plaintiff could come after homeowners in such a somewhat similar situation if negligence were shown: https://archive.naplesnews.com/business/richard-white-what-is-my-personal-liability-when-a-hoa-is-sued-ep-512505036-330911801.html/
How realistic is this risk to POA homeowners?