Georgia residents who live in areas that have a homeowners association may be interested to learn that a Las Vegas HOA was ordered to pay $20 million to a man on account of a faulty swing set in a playground that it maintained. According to the report, the faulty swing set collapsed on the man when he was a teenager, leaving him with brain damage.
The lawsuit said that the man, then 15 years old, sat down on a swing set to send a text message in 2013. The metal crossbar, which weighed 42 pounds, reportedly broke when he sat down. It landed on his head and caused a crush injury to the left side of his face. The man’s attorney also claimed that the swing set had failed multiple times prior to the incident.
The jury found that the homeowners association was responsible for the injuries the man sustained. In addition to the homeowners association involved, Playland International, Inc. and Jaylee Fence LLC DBA Park Pro were also named as defendants in the lawsuit. The award reportedly exceeds the homeowners association’s insurance policy, meaning homeowners may also be required to pay a certain amount towards the award.
Property owners are responsible for ensuring that their premises are safe for visitors. If there are hazards that are not properly identified and a visitor suffers an injury as a result, the owner of the property could be held liable for any damages, such as medical costs. A premises liability attorney may review the case to determine the party or parties that should be held financially responsible.
Source: Claims Journal, “Jury Finds Las Vegas HOA Must Pay $20M for Faulty Swing Set“, Feb. 27, 2018