Nevada Jury Awards $20 Million Against HOA for Failing to Maintain Swingset
The failure to maintain and repair can cost an HOA. In this case, the failure to repair a known faulty swing set will cost an HOA $20,000,000.00.
The swingset in question failed on four previous occasions. Despite spending over $100,000 per year on landscaping, repairs, and maintenance, the HOA refused to pay just $150.00 per month for a monthly inspection and maintenance plan repeatedly recommended by the swingset’s manufacturer. The plaintiff suffered a crushed skull and other permanent injuries.
An HOA's duty to maintain and repair common areas is its central function.
Read the full article here:
https://www.reviewjournal.com/local/jury-awards-20m-in-las-vegas-case-involving-playground-injury/
Or you can read my recap and takeaways:
The civil suit was filed by a teenager, Carl Thompson, who suffered a traumatic brain injury in a playground accident in 2013. Thompson, then 15, was using a swingset at Lamplight Village at Centennial Springs when the 42-pound metal crossbar broke, landing on his head and causing severe injuries.
The jury held the Lamplight Village at Centennial Springs Homeowners Association (HOA) responsible, awarding $10 million in compensatory damages for pain and suffering and $10 million in punitive damages.
Thompson, now 20, experiences headaches, memory loss, movement problems, and an increased risk of dementia.
The HOA had reportedly ignored warnings and declined inspection plans, despite previous incidents with the swingset.
This incident underscores the importance of proactive safety measures within homeowners' associations.
HOAs should prioritize regular inspections and maintenance of communal facilities to prevent accidents and injuries. The case highlights the potentially severe consequences of neglecting safety warnings and failing to invest in necessary repairs.
HOA members, you CAN advocate for thorough safety protocols, ensuring proper funding for maintenance, and holding the association accountable for negligence. This accident emphasizes the need for HOAs to prioritize the safety of community amenities and allocate resources responsibly, not only to protect residents but also to avoid legal consequences that can result from inadequate care of shared spaces.
If you feel like your HOA is ignoring their duties to keep you safe, make sure to reach out!
If you liked this article, you might also like to read about Kevin Payne and HOA President Accused of Embezzlement.
For more information about HOA Laws, check out our HOA Law page or schedule a consultation with one of our attorneys.