Can I Sue My HOA for My Slip and Fall?

Legally Reviewed and Edited by: Terry Cochran

Homeowners’ Associations (HOAs) help maintain the well-being and order of many residential communities. Their responsibilities range from the upkeep of common areas to enforcing community standards. However, if you experience an accident on the property, can you sue the HOA for a slip and fall?

Determining if the HOA is at fault and if you have legal grounds to sue requires knowledge of Michigan’s premises liability laws. Our slip and fall attorneys at Cochran, Kroll, & Associates, P.C., can review your case, identify negligence, and help you sue the HOA for slip and fall injuries.

What Is an HOA?

A Homeowners’ Association, also called an HOA, is a private organization or entity typically established within a residential community or neighborhood. Its primary purpose is to manage and oversee the maintenance of the community’s common areas, shared amenities, and certain aspects of the residents’ properties.

As much as 14% of Michigan’s population has an HOA membership. HOAs are formed when a new housing development or community is created. Membership in the association is mandatory for all property owners within that community.

What Duties Do HOAs Have to Residents?

HOAs have several duties and responsibilities to residents, which fall under premises liability laws in Michigan. Premises liability refers to the legal obligation of an entity, such as an HOA, to ensure that its property is reasonably safe for residents and visitors.

Some of the responsibilities of HOAs include:

• Maintenance of common areas. HOAs are responsible for maintaining and managing common areas within the community, such as sidewalks, parking lots, recreational facilities, and landscaping. They must make a good faith effort to ensure these areas are kept safe and functional. This includes regular inspections, repair, and maintenance of any hazards or defects.
• Safety and security. HOAs must take reasonable measures to provide a safe and secure environment within the community. This may involve implementing security measures like gated entry, surveillance systems, and proper lighting to deter criminal activity and enhance resident safety.
• Enforcement of rules and regulations. HOAs establish and enforce rules and regulations for the community. These rules often include guidelines for property maintenance and safety standards. By enforcing these rules, HOAs contribute to the community’s overall safety.
• Prompt response to hazards. When hazards or unsafe conditions are reported by residents or identified through inspections, HOAs must address them promptly. This includes repairing broken sidewalks, addressing uneven pavement, and fixing malfunctioning security gates, among other issues.
• Snow and ice removal. In Michigan, where snow and ice are common, HOAs are typically responsible for snow and ice removal from common areas, sidewalks, and roadways within the community. When HOAs fail to do so, it can lead to slip and fall accidents and serious injuries.
• Proper record keeping. HOAs must keep maintenance and repair
  records and communicate with residents regarding safety concerns to ensure procedures are followed and concerns are addressed.
• Insurance coverage. HOAs carry liability insurance coverage to compensate residents or visitors injured on the association’s property. Ensuring adequate insurance coverage is another duty of the HOA.

Common Injuries to Residents in HOA-Involved Slip and Fall Cases

Common injuries to residents in HOA-involved slip and fall cases often occur in areas the HOA is responsible for maintaining and keeping safe. These injuries can result from hazards and conditions within the community’s common areas.

• Sprains and fractures. Slips and falls can lead to sprained wrists, ankles, or knees and more serious fractures. Uneven pavement, poorly maintained walkways, or icy sidewalks in common areas are common causes of accidents.
• Contusions and bruises. Residents may suffer contusions and bruises from a fall caused by tripping over hazards such as cracks in the pavement, debris, or poorly placed signage.
• Head injuries. Slips and falls can result in head injuries, including concussions and traumatic brain injuries (TBIs). These injuries may occur when a resident falls on a hard surface due to inadequate lighting or slippery conditions.
• Back and spinal injuries. Falls in common areas with inadequate handrails or uneven surfaces can lead to back injuries, including strains, sprains, or more severe spinal injuries.
• Hip injuries. Hip fractures and injuries are common in slip and falls, especially among older residents. These injuries can be debilitating and may result from tripping over obstacles or hazards.
• Soft tissue injuries. Residents can suffer soft tissue injuries, such as muscle strains, ligament sprains, and contusions, when slipping and falling on improperly maintained common area surfaces.
• Cuts and abrasions. Slip and falls can lead to cuts and abrasions when residents come into contact with sharp objects or uneven surfaces in common areas, such as jagged pavement edges or broken fencing.
• Dislocations. Residents may experience joint dislocations, such as dislocated shoulders or knees, due to slip and fall accidents in areas where handrails or guardrails are missing or in disrepair.
• Psychological trauma. In addition to physical injuries, slips and falls can cause psychological trauma, leading to conditions like post-traumatic stress disorder (PTSD) or a fear of using common areas.
• Long-term complications. Some slip and fall injuries may lead to long-term complications, including chronic pain, reduced mobility, and the need for ongoing medical treatment or rehabilitation.

When Would Your HOA Be Liable for Your Injuries?

HOA liability for injuries depends on whether the injury occurred in a private or common area. An HOA cannot be held responsible for accidents occurring on an individual’s private property within the community.

For instance, if you fall inside your home or on your driveway, it is outside the HOA’s responsibilities for common areas. In this case, the HOA would not be liable, and you could not sue it for a slip and fall.

However, if you trip over a poorly maintained walkway in the community park, a shared space, you may be able to seek damages from the HOA. Our personal injury lawyers at Cochran, Kroll, & Associates, P.C. can help you take legal action to secure the compensation you deserve for your injuries.

Define Your HOA’s Negligence

You must prove the entity acted negligently to take legal action against an HOA. There are various forms of negligence in slip and fall cases, including the following:

• Simple negligence. This type involves failures to perform expected duties, such as maintaining common areas or timely repairing facilities. For example, if an HOA neglects to fix a broken gate, which leads to unauthorized access and theft, it could be considered simple negligence.
• Gross negligence. This is a more extreme form of negligence where the HOA blatantly disregards safety by ignoring known dangers. An example is if the HOA is aware of damaged electrical wiring in a communal space but chooses not to act, resulting in a fire.
• Vicarious negligence. This occurs when the HOA is held responsible for the negligent actions of its employees or contractors. For example, if a contractor hired by the HOA improperly installs playground equipment that results in an injury, the HOA might be held vicariously liable.
• Constructive negligence. This type of negligence is attributed to the failure of the HOA to meet statutory or regulatory requirements. An example would be if the HOA fails to adhere to building codes or safety regulations, leading to unsafe living conditions.

What Are a Homeowner’s Rights? Can You Sue?

As part of an HOA, you hold specific rights outlined in its governing documents and supported by state law. These rights can be critical if you need to sue the HOA for a slip and fall incident on their property. This is especially true if the conditions that led to your accident resulted from the HOA’s negligence or failure to uphold these rights.

Relevant homeowner rights in the context of a slip and fall include:

• Right to a safe environment. Homeowners are entitled to safe common areas. If the HOA fails to uphold this responsibility, such as neglecting to repair known hazards that result in slips and falls, it breaches your rights and can make the HOA liable.
• Right to be informed. Homeowners should be informed about all major issues affecting the community, including potential safety risks. This could support your case if an HOA fails to communicate known dangers that contribute to a slip and fall.
• Right to fair treatment. This right ensures equal protection for all homeowners under the HOA’s policies, including maintenance and safety protocols. If you demonstrate that the HOA responded more diligently to similar safety concerns affecting other residents, you might have a strong negligence case.
• Right to challenge the HOA’s actions. If you believe your accident was caused by the HOA’s negligence, you have the right to pursue legal action. This step is often necessary when direct appeals to the HOA board fail to address safety concerns.

Exercising these rights can enhance your lawsuit by demonstrating how the HOA’s failure to fulfill its obligations led to your injuries. Document all incidents and communications related to the hazard that caused your slip and fall. This information can be crucial in strengthening your legal claim.

Can I Sue My HOA in Small Claims Court?

If you are wondering, “Can I sue my HOA for negligence in small claims court?” This could be a viable option if you’re considering legal action against your HOA over a minor financial issue. In Michigan, small claims court handles simpler, less costly legal disputes where the amount in question doesn’t exceed $7,000.

However, before taking your case to court, it’s advisable to consult with an attorney. At Cochran, Kroll, & Associates, P.C., our attorneys can thoroughly review your case and provide guidance on the best course of action. Depending on the specifics, we might recommend pursuing the matter in a higher court if it involves more complex issues or larger sums of money.

For example, slips and falls can result in serious traumatic brain injuries (TBIs), with medical costs often exceeding $51,241 after hospitalization, along with lost wages due to missed work or an inability to perform your job. These injuries also impact your quality of life and relationships, all of which can be compensated through a legal claim.

What You Need To Prove in a Slip and Fall Lawsuit Against an HOA

Proving a slip and fall lawsuit against an HOA involves establishing several vital elements, including the duty of care owed by the HOA. It’s essential to understand that HOAs have a duty of care but are limited to certain areas and circumstances. Our attorneys at Cochran, Kroll, & Associates, P.C. can help you look for evidence to prove the following, allowing you to sue the HOA for slip and fall:

• Breach of duty. To establish liability, you must demonstrate that the HOA breached its duty of care. This means showing that the association failed to meet its obligations to maintain common areas in a reasonably safe condition.
  For instance, if the HOA neglected to repair a known hazard, such as a broken handrail in a common area stairwell, and this negligence led to your injury, they may be liable.
• Notice of hazards. Knowledge of a hazard is essential for liability. If the HOA knew or should have known about a dangerous condition in a common area but did not take reasonable steps to address it, they may be held liable. This could involve hazards like uneven walkways, inadequate lighting, or icy sidewalks.
• Proximate cause. To hold the HOA liable, you must establish a direct link, or proximate cause, between their negligence and your injury. You must show that the hazardous condition they failed to address was the immediate cause of your slip and fall.
• Causation. You must demonstrate that the HOA’s breach of duty was the actual cause of your injuries. This requires establishing that the slip and fall would not have occurred had the HOA fulfilled its responsibilities.
• Comparative negligence. If it’s found that you contributed to your injury by acting recklessly or ignoring obvious hazards, your compensation may be reduced accordingly. Michigan follows a modified comparative negligence rule, meaning you must be less than 50% at fault for your accident to receive compensation.
• HOA governing documents. HOAs often have governing documents, including bylaws and Declaration of Covenants, Conditions, and Restrictions (CC&Rs), which outline their responsibilities and the extent of their liability. These documents may affect the association’s liability in specific cases.

What Defenses Might the HOA Use Against Your Claim?

HOAs facing slip and fall claims may employ various defenses to reduce their liability. These defenses could involve legal principles, statutory limitations, or specific details of the case. Understanding these defenses is crucial when pursuing a claim against an HOA. Some of the most common defenses include:

• Open and obvious hazard. The “open and obvious” defense argues that the hazard causing the slip and fall was so apparent and easily noticeable that a reasonable person should have been aware of it and taken precautions to avoid it.
  While this has been a long-standing defense, a new Michigan court ruling in 2023 states that it is no longer a reason to dismiss a claim. Instead, if a hazard is open and obvious, it may factor into the comparative negligence analysis.
• Assumption of risk. This defense asserts that you willingly assumed the risk of injury by engaging in an activity or entering an area where the hazard was known or should have been reasonably anticipated. If you knew about the danger and proceeded anyway, the HOA may argue that you assumed responsibility for any resulting injuries.
• Statute of limitations. The statute of limitations in Michigan is three years from the date of injury, so it’s essential to file your lawsuit within this time frame. If you don’t meet this deadline, your case will be dismissed.
• Lack of constructive notice. Constructive notice means the HOA should have known about the hazard through reasonable inspections or maintenance procedures. If the HOA can demonstrate that it had no reasonable way of knowing about the dangerous condition, it may argue that it cannot be held liable.
• Emergency or unforeseeable circumstances. In some cases, the HOA may claim that the slip and fall resulted from an unforeseeable emergency or an event outside of their control, making it unreasonable to expect them to have taken preventive measures.
• No breach of duty. The HOA may claim they did not breach their duty of care in maintaining the property. They might argue that they followed proper maintenance procedures, promptly addressed hazards, and fulfilled their obligations.
• Release or waiver agreements. If you signed a release or waiver agreement when moving into the community or using specific amenities, it could be used against you. The HOA may argue that you relinquish your right to hold them liable for injuries related to those areas or activities.

What Damages Can I Recover From My HOA?

When you file a lawsuit against your HOA, you can seek damages to compensate you for your losses. Your attorney at Cochran, Kroll, & Associates, P.C. will help you fight for the following:

• Property damage. If the HOA fails to maintain common areas or address known hazards leading to personal property damage, you can claim the repairs or replacement costs. For instance, if your items, such as a watch or phone, were damaged due to your fall, you can claim to have them replaced.
• Medical expenses. You can recover costs for medical treatment resulting from injuries sustained on HOA property. This includes immediate healthcare costs and ongoing medical bills like physical therapy or surgeries.
• Lost wages. If you’re unable to work due to injuries caused by the HOA’s negligence, you can claim compensation for the income lost during your recovery period.
• Loss of earning capacity. If the incident permanently impaired your ability to work and earn a salary, you might be entitled to damages that account for your reduced earning potential over time.
• Pain and suffering. This covers physical pain and emotional distress you’ve endured as a result of the incident. Our team will calculate these damages and support the claim with detailed documentation and expert testimony.

Why Having a Skilled Slip and Fall Attorney Can Help You Sue an HOA

Engaging a skilled slip and fall attorney is crucial when pursuing a lawsuit against an HOA. These cases can be complex, and HOAs have legal teams and insurance adjusters working to protect their interests.

Your attorney from Cochran, Kroll, & Associates, P.C. can protect your rights and help you seek compensation with the following actions:

• Assessment of liability and damages. We will help you determine whether the HOA had a duty of care in the specific area where the incident occurred and whether their negligence directly contributed to your injuries. We can also evaluate the extent of your economic and non-economic damages.
• Investigation and evidence gathering. Our team can gather crucial evidence such as photographs, witness statements, maintenance records, and prior complaints about the hazard. This evidence is essential in establishing liability and the severity of your injuries.
• Expert witnesses. Expert witnesses may be needed to testify about maintenance standards, hazard analysis, or the extent of your injuries. We have a network of qualified experts we can call upon to strengthen your case.
• Negotiation Skills. Our attorneys can negotiate with the HOA’s legal representatives or insurance adjusters to reach a fair settlement that compensates you for your injuries and losses.
• Litigation experience. If negotiations fail to produce a satisfactory outcome, we will take your case to court. We have experience with litigation procedures, including filing motions, presenting evidence, and arguing your case before a judge and jury.
• Maximizing compensation. Our goal is to ensure you receive the maximum compensation you deserve. This includes damages for medical expenses, lost wages, pain and suffering, and possibly exemplary damages if the HOA’s actions were particularly egregious.

Get the Help You Need With Strong Legal Representation

Suing an HOA for a slip and fall can be complex, which is why having an experienced lawyer on your side is essential. Don’t shoulder the burden of medical bills, lost wages, and pain and suffering alone. Contact our law firm for help protecting your rights.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.