Condo neglect?

[sbw013]

What is the name of your state? What is the name of your state? Georgia

I was coming home one evening at dusk with two armloads of groceries. I tripped and fell on the sidewalk, which was uneven. (The crack between the sidewalk squares had shifted, and one of the squares was higher than the other.) After falling (and ruining my groceries) I have had trouble with my shoulder for months. I have been numerous times to the ER for treatment, and have finally gotten my MRI (yesterday), results to be disclosed July 31. I have been told by every doctor I've seen that I have a torn rotator cuff (I am 53 years old), and that the only remedy for this is surgery. I have no medical insurance. Also, this isn't the first time I've tripped on this walkway.

I've left messages with the people at our assoc. but have never received any reply.

My question...isn't the condo assoc. responsible for upkeep of the common grounds? (In our bylaws, the condo fees cover maintenance and repairs, and we have been told that we as owners aren't allowed to make any changes to the exteriors of our buildings.) And wouldn't this make them responsible for my injuries? My bills are racking up as we speak. (P.S. I also have taken photos of this sidewalk.)

 

[HomeGuru]

1. did the HOA know of the uneven sidewalk aquares and fail to correct the trip hazard condition?
2. did you notify the HOA in writing of your accident and file a claim with your HOA insurance agent?

 

[JETX]

In my opinion, you have a major problem with your complaint... that being your prior knowledge and possible negligence.

You admitted that YOU knew about this uneven sidewalk ("Also, this isn't the first time I've tripped on this walkway"). Further, you were burdened down with two bags of groceries, which presumably affected your view as you walked. In my opinion, you would have a large percentage of liability in this case (prior knowledge and negligence for not watching where you were walking).

 

[sbw013]

Do you mean to say that I shouldn't have been buying groceries? And that it's my fault because I knew about it? They were notified about this prob. numerous times by phone, and THEY are fully responsible for the groundskeep. Am I not supposed to walk to my front door?

 

[JETX]

"Do you mean to say that I shouldn't have been buying groceries? And that it's my fault because I knew about it?"

Talk about over-reaction!!! No one said anything about your not buying groceries!!

I did say that since you were already aware of the hazard, you cannot claim 'surprise' or negligence on their part. Further, you have an obligation to be aware of your actions... and loaded down with two bags of groceries does NOT alleviate your obligation.

And if you were to make a claim, I would have to point out these facts in defense. I would assume that a court would then establish percentage of liability with SOME (most??) of it on you.

 

[sbw013]

Not an overreaction...I simply said that you make it sound like since I knew it was there (and BTW so does the HOA), I have the responsibility to mitigate damages, so to speak. This I understand...I didn't go out and jump up and down and do anything out of the ordinary. I simply walked to my front door laden with groceries, which I have done all my life, and due to their negligence, I fell. If the sidewalk had been repaired when I first reported it, this would not have happened...therefore the HOA is the one that did not mitigate.