Question of liability

[FlaRiptide]

I've had no response to my question posted under "Negligence, Personal injury" Thus I will restate it here,

If a corporation, in this instance a Homeowner's Association, pays for the upkeep of private property not belonging to the corporation does that create a potential liability of being named in a civil suit in the event of injury upon this piece of property?

I believe that by maintaining the property, in this case a private lake, means that the corporation has taken an indirect interest in the property and may have inadvertantly assumed additional liability that would not be covered under the coporation's liability insurance. The liability insurance only covers property owned by the corporation.

Thank you in advance for any response to this query.

 

[army judge]

If you washed your neighbor's car just as a good deed, and he subsequently got drunk and destroyed an antique Bentley and Silver Cloud in a crash, are you liable?

What if you sharpened a hunting knife for him, at no charge and only for a thank you, that he later used to behead and gut a Jehovah's Witness who was preaching the Gospel of Jesus Christ?


It would be a stretch to hold you liable in either case.

It would also be a stretch for your HOA to be held liable in your scenario.

This is not to say liability is impossible, but quite farfetched.

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[FlaRiptide]

I do not believe your scenarios have relevant similarity.

In this situation the HOA will be continually paying monthly to maintain this private property and thus creates a "special interest" by doing so. The HOA also has entered into a contract with the lake maintenace company which causes the ongoing upkeep of this private lake.

Your scenarios may or may not include payment and may or may not be ongoing.

Does this make any difference with your answer?

P.S. - You have good taste in cars.

 

[army judge]

I do not believe your scenarios have relevant similarity.

In this situation the HOA will be continually paying monthly to maintain this private property and thus creates a "special interest" by doing so. The HOA also has entered into a contract with the lake maintenace company which causes the ongoing upkeep of this private lake.

Your scenarios may or may not include payment and may or may not be ongoing.

Does this make any difference with your answer?

P.S. - You have good taste in cars.

Thanks, they are great machinery.

Even if the HOA were liable for anything, why would that be a bad thing?

Would any liability be transferred to individual homeowner's?





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[FlaRiptide]

Would any liability be transferred to individual homeowner's?

Yes, either directly or indirectly. If the HOA is sued, then an assessment would be necessary to cover any loss. The homeowners would ultimately pay.

The following paragraph is what I plan to put in a letter to all homeowner. What I would like to know if my fear has merit or not.

"I believe by the Association maintaining this private lake it may also jeopardize each one of us. By the Association maintaining this private lake it has assumed an indirect interest in this property. Though I am not an attorney, I fear this may have severe consequences should an injury occur on this private property. The Association, and therefore all homeowners, could be faced with legal action due to any occurrences stemming from this private property. The liability insurance that is carried by the Association ONLY covers common area owned by the Association."

 

[army judge]

It seems to me to be an unnecessary worry. But, in these times, you never know.


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