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IreneC (North Carolina)
Posts: 111
Posted:
I have to post an issue that happened on site to me.. while I was "secretary" of our board 5 years ago.

First and foremost our stairwells that go from my level to the garage are all carpeted except the very last level ( who know why? ) The steps are like a formed cobble stone cement. It was raining outside and there was a leak that had caused the last 5-6 steps to be wet.

I was carrying a bag of trash down and you guessed it.. I fell, and I fell hard! Due to my hands holding the garbage bag, I had no time to respond or grab the handrail.... I fell down backwards.. all the way down to the ground and did so in front of my husband. He had to help me up.. I was in pain, my ankle was fine, but my back had bruises and abrasions from the tail bone are all the way above my waist.

What did I do? I called the half ****** mc that we fired shortly after to report a leak and an injury. I got a doubtful response from the manager that the water was there and even sent an email later saying there was no water on the stairs. I am a medical professional who has the best medical insurance, I had to see a doctor and took a couple of days off of work. My bruises were horrible... but did I think about suing? Legal issues? NO! Although if I wasnt' the kind of person I am , the nasty response from the management company really would of made me seek damages just to prove a point.

FIRST RULE OF THUMB? If an injury happens do not discount the persons experience....
IreneC (North Carolina)
Posts: 111
Posted:
Unless it is gross negligence I can't see how a hoa is responsble. My situation I think was questionable in the way that it could of been. I did have a witness... and given the fact I was on the board I was not anxious to sue myself. Especially since I had health insurance. How do you sue for sore muscle, abrasions and bruises? It resoved in a few weeks.. I missed two days of work and saw a MD. Hardly a big claim.

On the same subject though, we had a known hole in our common area decking. It wasn't until a homeowner fell, without injury but threatend to sue if it did not get repaired. ( IT WAS DONE IMMEDIATELY. )
BradP (Kansas)
Posts: 2,640
Posted:
I don't think it is fair to compare two situations to each other because every person is different and each situation is different. If I had been in your shoes with great health insurance and just bumps and bruises I probably wouldn't have done anything.

But, if I had been a person without insurance or bad insurance in the same situation then I would have to rethink it. If I was unable to perform my job for a few days because of this and lost wages I would have to think about it.

The situation you described the HOA is responsible. Whether they knew about the leak or not doesn't matter. What matters is there was a leak that caused the accident so the HOA would have been responsible in a court.

We all know what starts out as a bump or a bruise or an abrasion can quickly turn south if not properly cared for. I once sprained my ankle and did not take care of it and quickly developed an inflamation in my knee because of it. I personally don't think people should be guilted into not seeking medical attention because they are on an HOA board. That is why you have insurance.

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