Slip and fall accidents can occur anywhere, but when they happen on property managed by a homeowners association (HOA), determining who is responsible can become complicated. If you live in a neighborhood, condominium, or community with an HOA, it is important to understand how these cases work in Michigan.
What Is an HOA Property?
An HOA is responsible for maintaining shared or common areas in a neighborhood or condominium complex. This can include sidewalks, parking lots, clubhouses, playgrounds, pools, and landscaped areas. When someone slips, trips, or falls in one of these areas, the HOA may be held legally responsible if it failed to maintain a safe environment.
Common Causes of Slip and Fall Accidents
Slip and fall injuries on HOA property often happen due to unsafe conditions in shared spaces. Some common examples include:
- Uncleared snow or ice
- Uneven sidewalks or broken pavement
- Dim or poor lighting in walkways and parking lots
- Wet or slippery floors in shared spaces
- Loose handrails or unstable steps
In Michigan, HOAs and other property owners are expected to take reasonable steps to keep these areas safe. If they know about a hazard, or should have known about it, they have a duty to fix it or warn residents before someone gets hurt.
Proving an HOA is Responsible
In Michigan, an HOA can be held responsible for a slip and fall if they knew about the hazard and had enough time to fix it. For example, if snow and ice were left untreated for several days, the HOA may be liable. If the danger appeared recently and there was no time to address it, they may not be at fault. You must also prove that the hazard directly caused your injuries.
What to Do After a Slip and Fall
If you are injured in a slip and fall on HOA property, taking the right steps can protect your health and your legal rights:
- Get medical attention right away, even if your injuries seem minor.
- Take photos and video of what caused your fall, such as ice, a spill, or broken pavement.
- Report the fall to the HOA or property management and file an incident report.
- Collect contact information from any eyewitnesses.
- Save all records of your medical treatment and expenses.
- Talk with a skilled lawyer to understand your options and protect your claim.
When to Speak with a Lawyer
Slip and fall cases can be complicated, especially when they involve an HOA. In Michigan, you generally have three years from the date of the accident to file a claim. The HOA’s insurance company may try to avoid paying or argue that they are not responsible. A lawyer can review what happened, gather evidence, and guide you through the process so you have the best chance of recovering compensation for medical bills, lost income, and pain and suffering.
Conclusion
Falls can cause serious injuries and affect your ability to work and enjoy daily life. Knowing your rights helps create a safer community