How do pool accidents at a homeowner’s association happen?There are many ways that you could be hurt in a pool accident while a part of a homeowner’s association. The common spaces, recreational centers, pools, and more should all be maintained by the HOA. If they do not do so, they could be held responsible for the injuries that happen due to any defects or hazards. Pools in particular should be meticulously maintained. There can be hazards present in the water simply from not being cleaned. Waterborne bacteria and other forms of filth can accumulate and cause sicknesses and illnesses, but if maintenance isn’t careful, the pool can suddenly be overloaded with equally dangerous chemicals.
Liability of HOA Board Members for Personal InjuriesThe pool itself should also have no defects or hazards. The stairs should be stable; the ladders should be properly affixed to the side of the pool; all diving boards should be firm and properly installed; all depths should be appropriately marked; any diving signs and warnings should be placed in plain view of the pool; and the floors should have ample grip and not contribute to slips or trips. Unfortunately, the HOA does not always adhere to these regulations. They may simply collect the fees and use them elsewhere. The HOA has a responsibility to the individuals living in the neighborhood, and if there are accidents happening on common grounds and facilities, the association should be held accountable for the ensuing expenses.
Homeowner Swimming Pool LiabilityOur team of attorneys with experience in homeowner’s association pool accidents can help you file a claim and sue the HOA for losses and damages resulting from the incident.
Learn more about your options for compensation by calling (213) 389-3765.
What should I do to sue my HOA for damages from a pool accident?In order to sue the HOA for any injuries and losses suffered in a pool accident, you must have sufficient evidence of negligence. Negligence can be proven by showing that you were owed a duty of care that was breached, and that the breach of duty led to an incident and physical injuries. A premises liability claim can also be filed, which would require you to show that the property owner either caused the hazard, knew there was a hazard and did nothing to fix it, or should have been aware of the issues if he was not knowledgeable. The evidence you should gather for your case includes:
- Pictures of your injuries
- Medical receipts from the hospital and other doctor’s notes and proof of treatment
- Photos or videos of the scene of the incident and the accident itself happening
- Eyewitness testimony and bystander accounts
- Requests made to the HOA to fix any potential hazards or defects with the pool
What is the value of my homeowner’s association pool accident lawsuit?The value of your homeowner’s association pool accident lawsuit is dependent on many factors. The insurance agent who will be handling your case will weigh the facts and determine how much the settlement should be. He will look at how old you are, the type of career you have, the impact the injuries had on your life and work, the extent of the damages, the degree of responsibility you exhibited, and more. The insurance agent will likely not offer you a large amount, even if you can prove that you were not at fault and that you were left severely compromised after the incident. Instead, our firm will negotiate a fair deal for you and see to it that you are fully covered for your damages and losses. We will fight to bring you the following forms of compensation:
- Medical bills for hospitalization, surgery, ambulatory transportation, prescription drugs and medication, physical therapy and rehabilitation, future medical procedures, and more
- Missed income from the time you could not return to work, as well as lost future income if you could not go to your job due to recovery time or medical treatments
- Property damage if any of your personal belongings were lost, damaged, or needed to be repaired because of the incident
- Pain and suffering damages for the various emotional traumas you suffered, such as PTSD, anxiety, fear, and more
- Wrongful death damages in the event a loved one died in the accident, which can result in pre-death medical bills and pain and suffering, burial and funeral fees, loss of expected inheritance, loss of income and savings, loss of consortium and relations, and much more
What is the statute of limitations to file a lawsuit against the homeowner’s association for a pool accident?The statute of limitations to file a lawsuit against the homeowner’s association for injuries suffered in a pool accident is 2 years from the date of the injury. All personal injury claims must be filed within the 2 year limit or you risk missing out completely. The statute is in effect to ensure that cases are filed within an appropriate amount of time – if you wait too long, it is highly likely that the evidence you would be using would be corrupted, or any eyewitnesses you planned on using would not have clear memories of the event. The statute of limitations benefits both parties in the short term to ensure that the case is as accurate and fair as possible.
Learn more about your legal options by chatting with a representative now.There are a few situations in which the statute of limitations can be extended beyond the 2 year deadline. This is most common in incidents involving minors; because they cannot legally sue by themselves they do not have to adhere to any statute of limitations. Once they become 18 years old, though, the 2-year limit would begin. Further, if you were left mentally or physically unable to take legal action (such as in a coma), you do not have to follow the statute, and can instead wait until you return to functioning health or presence of mind. Additionally, the defendant may not be present in the state when you intend to sue, which would cause your statute to be suspended until he returns. You may not know how much time you have left on your claim or if you are eligible for any extensions. It is wise to reach out to a skilled lawyer with experience suing the HOA for injuries from a pool accident to accurately determine how much time remains and if you need to act quickly. We will gladly get your documents submitted on time and represent you so that you do not have to worry about any deadlines yourself.