When someone gets injured on HOA property, there is always the question of liability. If the HOA community has acted negligently or has failed to exercise reasonable care, the community is at risk for an adverse claim judgment. However, if the injured person has acted improperly or ignored warning signs, the potential for liability is greatly reduced.
Due to the potential for large insurance claims related to personal injuries, each HOA should have a strategy for dealing with liability concerns. This often involves having adequate and appropriate liability coverage. The legal landscape for liability for community organizations varies from state to state, but homeowners associations do bear some responsibility for maintaining safe grounds.
Protection Against Many Possible Situations
A person who becomes injured on HOA property could be a child, a visitor or an adult trespasser. Each situation raises different legal questions and different levels of liability. Each HOA must understand the implications of liability concerns to the future viability of the community. This often means the services of an HOA attorney are necessary at times.
The best strategy for HOAs is for board members to become educated on liability issues and to seek the protection of a community association insurance policy. These are often the best measures to have in place if a person gets injured on HOA property.