As an HOA, you have an obligation to keep your common areas in good repair, thereby ensuring that those who use the premises are safe. When an accident occurs and injuries result, litigation may be on the horizon. In these instances, you’ll be tasked with making a difficult decision to either settle the claim filed against you or fight at trial to avoid liability.
When should you focus on litigating your case?
The answer to this question is going to turn on the specific facts of your case. However, here are some facts that may warrant you taking your case to trial:
- There’s clear evidence that the injured individual significantly contributed to the accident, such as by acting in a reckless manner or being intoxicated at the time of the incident.
- The plaintiff is only willing to accept a settlement offer that contains a payout that is worth far more than you’re willing to provide.
- The injured individual didn’t seek out proper medical care following the incident, thereby giving you an opportunity to attack their claimed damages.
- The plaintiff’s case has other evidentiary issues that you can use to poke holes in their claim.
Take charge of your HOA lawsuit?
There’s a lot on the line in your HOA lawsuit. Losing your case can have significant financial ramifications, but it can also disrupt the reputation that you’ve worked hard to build. To protect your interests, then, you’ll want to carefully consider your best path forward.
If it turns out that litigation is right for you, then you’ll need to be armed with strong arguments that speak to the facts and the law at play in your case.