Homeowners’ associations are usually run by members of the community who provide their services on a volunteer basis. However, it’s still possible for a community resident or visitor to sue the association, even if it is staffed by people who are not paid. For instance, if someone slips and falls on an icy sidewalk or parking lot, that person might sue the association for not keeping the sidewalk safe. The association may then need to hire a Civil Litigation Lawyer Charlotte NC, if board members dispute their liability in the matter.
A civil litigation lawyer in Charlotte NC, defends the association with various methods. An important strategy involves showing that the injured person was acting carelessly. Maybe this person was busy typing a text message while walking, instead of paying attention to the conditions of the sidewalk. Maybe he or she was sprinting through the parking area to get to the car and out of the freezing rain.
If the plaintiff is determined to be partially at fault, this may not completely eliminate the association’s liability, but it can substantially reduce the amount the insurer must pay. That could mean less of an insurance rate increase by this company, which is important since rate hikes can be dramatic after a successful lawsuit. Those costs wind up passing along to residents of the community in the form of higher association dues.
Another legal strategy involves showing that the association had no reason to be aware of the icy situation or no way to deal with it effectively. An unexpected episode of sleet, for instance, can occur suddenly and without warning. Before the people in charge of property maintenance can get outside and distribute ice-melting materials, someone could slip and fall if he or she was not careful.
The board members of a homeowners’ association dealing with an injury lawsuit that happened on the premises may want to contact a firm such as the Law Office of Conrad Trosch & Kemmy for legal representation.
