Miami Beach, FL asked in Car Accidents for Florida

Q: My car was severally damaged by a flying object while parked by the valet parking of the building where I live.

Can I sue the HOA of my building for damages?

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2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Personal Injury Lawyer
  • Las Vegas, NV

A: If the homeowners association did something wrong, that caused or contributed to the damage, they may be responsible.

Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Depends on what caused the object to fly, and on the ability of the HOA to prevent it from happening. They are not automatically liable for someone, not an employee of theirs, hurling something, nor for the wind causing an object to fly if that occurrence was not foreseeable or preventable. If there is evidence that the HOA did something wrong, causing the damage, a claim could be made to its liability insurance, and the claim might be settled without a lawsuit.

John Michael Frick agrees with this answer

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