Marta v. Larkwood Homeowner’s Association; Common Development Management, Inc.

Marta v. Larkwood Homeowner’s Association; Common Development Management, Inc.

Slip and Fall

Ms. Marta lived in a condominium complex in Walnut Creek.  Ms. Marta sustained a severe right foot and ankle injury when she inadvertently stepped into a hole which had formed in the asphalt of the complex’s main thoroughfare.  Ms. Marta’s injuries required open reduction internal fixation surgery to repair the injuries to her foot and ankle.

Ms. Marta served on the board of the Homeowners Association (“HOA”) at the time of the incident.  The HOA and property management company argued that Ms. Marta was barred from recovering damages for her injuries because common area asphalt deficiencies had been discussed during association meetings prior to the subject incident.

Heinrich Law successfully argued that the client did not know, nor have reason to know, about the specific hole she stepped into; and individual homeowners, whether on the HOA board or not, are not responsible for maintenance of the common areas, including the location of the dangerous condition. We further argued that maintenance of the common areas are the responsibility of the HOA and property management company as corporate entities.

This matter settled shortly before trial, resulting in a $450,000 settlement for Heinrich Law’s client.