Home Premises Liability HOA and Condominium Association Injury

Omaha HOA and Condominium Association Injury Lawyer


Legal Help for Injured Association Members

Homeowners association members can be injured in more than one way by the failure of the Association or Board to live up to its responsibilities. Dangerous conditions caused by failure to maintain common areas in a safe condition can lead to bodily injury to homeowners or their guests. When the Association or Board neglects to make repairs and maintain common elements of a condominium, it also lowers property values, resulting in a financial loss for owners.

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Responsibilities of a Condominium Association or Board

HOA and condominium associations and their directors have responsibilities under Nebraska law.

  • They are required to maintain, repair, and replace common elements under the Nebraska Condominium Act.
  • As directors of non-profit corporations, they must discharge their duties in good faith, with the care an ordinarily prudent person would exercise, and in a manner the director reasonably believes to be in the best interest of the association, under the Nebraska Non-Profit Corporation Act.

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Liability for Injuries on HOA Property

The party who caused the injury can be held liable for injury that occurs on HOA property. If an unsafe condition existed in a common area due to HOA negligence, the HOA and its directors may be held liable for resulting injuries. In determining who is liable, your Omaha personal injury lawyer must investigate the accident to determine what caused it and who was responsible.

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When You Can Sue Your Homeowners Association

If you have been injured because of an unsafe condition on homeowners association or condominium association property, you may be able to sue the association. HOAs have a duty to maintain the premises in a safe, working condition. When negligent, reckless, or intentional conduct on the part of the association results in injury to owners, residents, or guests, it can be held liable for damages.

In addition to a negligence claim, you may be entitled to sue for breach of fiduciary duty. HOAs have an obligation to act in the best interests of residents – a fiduciary duty. When they breach their fiduciary duty and the breach results in injury, it can give rise to a lawsuit.

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Legal Standards in an HOA Case

In a premises liability claim against an HOA or condominium association, different legal standards may apply, depending on who was injured. A property owner or resident may be treated as an invitee, with the highest level of protection under the law. A social guest, on the other hand, may be considered a licensee. The HOA may have a higher duty to invitees (owners and residents) than to licensees, but guests still have protection against dangerous conditions on the property. For trespassers, the association has no duty of care, except not to act in a willful, reckless, or wanton manner to injure a trespasser. There is an exception under the law for trespassers under the age of 18 – they are owed the same duty of care as invitees on the property.

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Modified Comparative Negligence in an HOA Injury Claim

Injury that occurs on HOA property may not be 100% the fault of a single party. Nebraska is a modified comparative negligence state. In an injury claim, fault can be distributed among different parties, including the plaintiff (person bringing the lawsuit). However, a plaintiff found to be partially responsible for his or her own injuries is not barred from seeking recovery unless he or she is found to be more than 50% at fault. The amount payable to the plaintiff is reduced by the percentage of fault he or she is assigned.

At Bottlinger Law L.L.C., we work hard to seek the compensation our clients deserve. Call us at (402) 505-8234 to schedule a free consultation if you have been injured through HOA or condominium association negligence.

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