Legal Question in Personal Injury in California
Hello - About 5 months ago I wrote our HOA a letter telling them that there was a portable baseball net blocking the sidewalk (about 75% of it) and I was worried someone can fall over it and get hurt as there are lots of kids around. The net was never moved and last week I was going for a work and due to cars in the street I needed to step around the net. Oh also it the net was right in front of a utility box that says don't put anything around it for 8 feet (the net was about 2 feet). Anyway I tripped over it and needed emergency surgery on my ankle and fibula. I think the HOA was negligent and the homeowner also. Blocking the sidewalk is against the HOA rules so the HOA did not follow their own rules.
4 Answers from Attorneys
Not only the HOA but the homeowner whose child put it there.
Those people might be liable, IF this was a hidden danger and defect you couldn't reasonable see and avoid. It sounds like it was an obvious situation. You can try seeking an informal settlement by presenting your bills and demanding they or their insurance carrier pay your expenses. If you make a reasonable presentation and demand, you have a chance. If they refuse, they will likely state that their defense and reason is that you were simply negligent and this was not their fault, You will have to overcome that legal presumption in court if you sue.
You have a very worthwhile case, but because your injury is serious, you should not except the case to be easy. The HOA's insurance company will try everything to avoid responsibility. For example, they will say the hazard was "open and obvious" and blame you for not avoiding it. You will need a lawyer on a case like this. Do not attempt to talk to the opposition without representation. They will use your statements against you. Give me a call and I'll be glad to help you out. There's no fee ever, unless you get paid first. 877-546-6367
If you haven't contacted an attorney yet, you should! Did you know that there's no obligation, the consultation is 100% free? Also, if you retain our office, you will not go out-of-pocket for ANYTHING. We don't charge any fees unless and until we make a recovery for YOU. In addition, we have a "CLIENT FIRST" policy that no other law office has. We guarantee that you will never make less from your net, in-your-pocket recovery than you pay in legal fees, even if we have to cut our fees to do it! Your rights are valuable and time is running out, so call today: (877) LION-FOR-LAW (546-6367). Our attorneys are standing by to help you.
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