Suing HOA for Injuries
Las Vegas, Nevada
HOA lawsuits in Nevada
If you got injured on a property managed by HOA in Las Vegas or Nevada and believe that unsafe conditions and negligence were involved, you can sue the homeowners' association for damages.
Call us at 702-432-1000 to discuss your case.
We don't charge for consultations.
What is a Homeowners Association (HOA)?
A homeowners' association or HOA is an organization typically formed within planned communities, condominiums, or neighborhoods with shared amenities. The purpose of HOAs is to establish and enforce rules, regulations, and standards for the community's upkeep and appearance.
HOA functions
Homeowners Associations serve several functions, including property maintenance, rule enforcement, and financial management of the property.
The board of directors or trustees elected by the homeowners govern the HOA.
Lawsuits against HOAs
The lawsuits against the Homeowners Association often revolve around disagreements between homeowners and the association regarding rules, regulations, and management decisions.
If the accident happened on the HOA-managed property and the victim believes that the HOA's unsafe conditions and negligence caused their injuries, they may file a liability insurance claim against the HOA.
Where do people get injured?
Here are some typical locations where accidents happen:
Common Areas: Sidewalks, parking lots, pathways, and green spaces;
Recreational Facilities: Swimming pools, tennis courts, playground;
Clubhouses: Activities during events, meetings, or social gatherings;
Roadways: Accidents involving vehicles, bicycles, or pedestrians;
Private Residences: Accidents related to electrical issues, plumbing, or structural defects;
Dog Parks and Pet Areas: Dog bytes or falls while walking pets.
Elevators and Stairwells: Poor maintenance or inadequate lighting can cause elevator or stairwell accidents in high-rise buildings.
Security Checkpoints or Entry Gates: If access control mechanisms are faulty or obstructions or hazards exist in these areas, they may cause accidents and injuries.
Establishing liability
When the accident occurred due to a hazardous condition on the HOA-managed property and the HOA was aware of or should have been aware of it, the injured person may have grounds to file a premises liability lawsuit against the HOA.
Under Nevada law, if an accident happens and somebody is injured, the liable person or organization is responsible for all damages. It includes medical bills (past, present, future), lost wages, damaged property, pain and suffering, PTSD, and other injuries. In some cases, multiple parties could be responsible for the accident.
HOA insurance
HOAs typically carry large (up to 1 million per accident) liability insurance to protect against claims arising from injuries on their property. The injured person may file a claim with the HOA's insurance company to seek injury compensation.
If you are partly at fault
Nevada uses the rule of modified comparative negligence. It means the plaintiff can collect compensation from all other at-fault parties if the plaintiff was less than 51% responsible for the accident. Often, the intoxicated victims fall into this category.
Common injuries & accidents
The most common injuries on an HOA-managed property include:
• Dog bites and animal attacks;
• Sports-related injuries;
• Traffic and parking lot accidents;
• Injuries from defective gym equipment;
• Pool and recreational activities injuries;
• Wounds from flying umbrellas;
• Assaults and security-related incidents.
In 2013, a teenager suffered a traumatic brain injury when a swing set's metal bar broke and landed on his head.
The 6 things to do if you get injured on HOA property
If you sustain an injury on a property managed by a Homeowners Association (HOA), taking appropriate steps to ensure your well-being and protect your legal rights is essential. Here's what you should do if you get injured on an HOA-managed property:
1. Seek Medical Attention: If you get injured, seek immediate medical attention, even if your injuries are minor.
2. Report the Incident to the HOA: Notify the HOA or property management company about the accident and your injuries as soon as possible. Make sure they file an incident report.
3. Document the Scene: Take photo images or videos of the accident scene. Include any hazardous conditions or contributing factors, the date, time, and location of the incident, as well as any visible injuries you sustained.
4. Obtain Witness Information: If there were any accident witnesses, obtain their contact information.
5. Preserve Evidence: Preserve torn clothing, shoes, damaged property, or medical records. This evidence may be crucial when you pursue a personal injury claim.
6. Consult with an Attorney: Make an appointment with an attorney experienced in handling premises liability cases. We invite you to call us at 702-432-1000 to discuss your case.
Settlements when suing HOA
Not all accidents on the HOA-managed properties result in large verdicts.
Several factors influence your eligibility for injury compensation. Among the most crucial considerations are:
a) Did you end up in a hospital after the accident, or did your accident result in minor scratches and bruises?
b) Do you lose earnings or the ability to earn money after the accident?
When multiple victims are involved
In Nevada, when involving multiple victims, ALL victims who filed a claim should be compensated for their medical bills, lost wages, pain, suffering, and other damages. HOA-related accidents fall into this category.
We can help
Navigating lawsuits against HOAs requires careful consideration of legal rights, responsibilities, and potential consequences for all parties involved.
If you got injured on a HOA managed property, ended up in a hospital, and missed time at work, call us at 702-432-1000 to discuss your case.
We work on a contingency fee basis, meaning you pay us only if we get a settlement for you.
We represent clients in Las Vegas and Nevada.
Last updated on February 17, 2024.
