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Can I sue the HOA for my slip and fall injury?Please help

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IgorB

Junior Member
I slipped and felt on the staircase which covered under the roof and that roof is being leaking for several month,I have tried to contact my HOA but just simply ignore me,I told my landlord and she said that they have responded to her and said that they will take care of it about a month ago,so far nothing has been fixed and seems like I have hurt my back pretty bad.Can I sue the HOA?Im in Colorado
 


quincy

Senior Member
I slipped and felt on the staircase which covered under the roof and that roof is being leaking for several month,I have tried to contact my HOA but just simply ignore me,I told my landlord and she said that they have responded to her and said that they will take care of it about a month ago,so far nothing has been fixed and seems like I have hurt my back pretty bad.Can I sue the HOA?Im in Colorado
Are you in Adams, Boulder, Larimer or Weld County? If so, the one month for roof repair may be optimistic.
 

quincy

Senior Member
And Im sorry Im in Garfield county
Don't be sorry to be in Garfield, Igor. The counties I mentioned were declared disaster zones due to the flooding in Colorado.

If your slip, fall and injury can be tied directly to the HOA's negligence in not repairing the leaky roof in a timely fashion after you notified them of the leak, and if the roof is one the HOA was responsible for maintaining, then, yes, there is a chance you could sue to recover your costs and win such a suit.

But a personal review of all facts would be necessary to determine this better, so you may wish to consult with a personal injury attorney in your area. Take all supporting documents with you for the consultation (HOA covenants, written communications with the HOA about the leaky roof, medical receipts, whatever).

Good luck.
 

racer72

Senior Member
Don't be sorry to be in Garfield, Igor. The counties I mentioned were declared disaster zones due to the flooding in Colorado.

If your slip, fall and injury can be tied directly to the HOA's negligence in not repairing the leaky roof in a timely fashion after you notified them of the leak, and if the roof is one the HOA was responsible for maintaining, then, yes, there is a chance you could sue to recover your costs and win such a suit.

But a personal review of all facts would be necessary to determine this better, so you may wish to consult with a personal injury attorney in your area. Take all supporting documents with you for the consultation (HOA covenants, written communications with the HOA about the leaky roof, medical receipts, whatever).

Good luck.
I would like to point out one big "but" to the above. If you knew there was a problem you should have taken appropriate measures to limit any potential problems like taking another route or taking other precautions. By continuing to use the area is question, you will likely have opened yourself up to some or all the fault for your injuries.
 

CJane

Senior Member
AND, you have to have damages. You can't sue in advance of seeking medical diagnosis treatment. So, you can't sue on the basis that you "seem to be hurt pretty bad", win the suit, get paid, and THEN go to the doctor.

So, find out if you're really "hurt pretty bad", if you have ACTUAL damages, and then address whether or not you can sue for those damages and hope to win.
 

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