Dr. B vs. Homeowner’s Association

Case Barnett Law Corporation

 

Verdict: Defendant found Liable by jury

Settlement: 4.3 Million Dollars

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It’s not often that an attorney settles a trip and fall case for $4.3 million, but in 2016, Case Barnett Law did. Dr. RB lived in a posh Orange County neighborhood paying over $700 a month in monthly homeowner’s association dues. A water meter box was continually broken in front of his home. Dr. RB complained to his homeowner’s association about the broken water meter box on multiple occasions.

After a day at work, Dr. RB returned in the evening and parked his car in the driveway. He exited the car to get his mail. His second step went in to the broken water meter cover causing serious injuries including a traumatic brain injury and severed tendons in his hand.

The defendants repeatedly passed responsibility among each other and pointed the finger back at Dr. RB for not fixing it himself, and for knowing about it, but failing to avoid it. The liability issues were complicated because of the covenants, codes and restrictions (the CC&R’s), the governing documents for the homeowner’s association and the HOA’s attempts to shift responsibility to the homeowners. CC&R’s give HOA’s the ability to make their own laws and distribute responsibilities. A close inspection of these governing documents is essential to suing any homeowner’s association.

Four of the five defendants acknowledged their safety failings before trial. One defendant did not. A jury dropped the hammer on the remaining defendant. At the end of the trial, the combined defendants were forced to pay $4.3 million to the plaintiff. Be safe. Don’t endanger others. If you do, Case Barnett law will force you to face the consequences.

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