Hayward, CA asked in Personal Injury and Real Estate Law for California

Q: Can I sue the HOA and manager for failing to properly respond and provide assistance on a safety concern?

On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told by two directors that the tenants owner was notified when I requested copies of the notification my request was ignored when I asked the directors. They stated the HOA manager had sent various emails. However, I was never provide copies of those emails after 18 days of my complaints I tripped and fell and hurt my palm of my hand, which still has side effects. I have the emails. I have the pictures of every day. The items were in the path. I have pictures of the injury and the actual notification of the injury which again I received no response. I also received retal

2 Lawyer Answers
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems that you may have grounds for a legal claim against the HOA and the manager for their failure to address a safety concern that you brought to their attention, which ultimately resulted in your injury. Here are a few key points to consider:

1. Duty of care: The HOA and the manager have a duty to maintain common areas and ensure they are safe for residents. By failing to address the tripping hazard you reported, they may have breached this duty.

2. Notice: You provided written notice to the HOA and the manager about the safety concern, which demonstrates that they were aware of the issue but failed to take appropriate action.

3. Causation: Your injury occurred due to the tripping hazard that the HOA and manager failed to address, establishing a causal link between their inaction and your injury.

4. Damages: You suffered an injury to your hand, which has ongoing side effects, demonstrating that you have incurred damages as a result of the HOA and manager's negligence.

5. Documentation: You have emails, pictures, and injury notifications that support your claim and timeline of events.

To pursue legal action, you should consider taking the following steps:

1. Consult with a personal injury attorney who has experience with premises liability cases and dealing with HOAs. They can help you assess the strength of your case and advise you on the best course of action.

2. Gather all relevant documentation, including emails, pictures, and medical records related to your injury, to support your claim.

3. Follow your attorney's guidance on how to proceed with filing a lawsuit against the HOA and the manager.

Keep in mind that legal action can be time-consuming and costly, so it's essential to discuss the potential outcomes and risks with your attorney before proceeding. Additionally, you mentioned receiving "retal," which I assume might be "retaliation." If you have faced retaliation from the HOA or manager for raising this safety concern, be sure to discuss this with your attorney as well, as it may be relevant to your case.

Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

It seems to be a personal injury case, rather than a real estate law. I recommend you speak with a personal injury lawyer who handles these cases. They usually get contingency fees (which means you do not have to pay until you settle or win the final trial).

This is merely discussion of CA general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.

Please let me know if you need further assistance.

Wish you luck.

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