Shared by Deborah Goonan, Independent American Communities Blog
This report highlights another key difference between apartment living and condo living. A condo association is a corporate entity that can be sued. In this case, the lawsuit involves a slip and fall injury at the condominium, reportedly resulting in permanent disability.
When you’re a tenant in an apartment community, the landlord bears the expense of lawsuits and any insurance policies to help cover legal defense and possible liability costs. But in a condomium association, owners must share expenses for any insurance policies to cover the Association for liability. Then the hope is that insurance coverage is adequate, or that coverage is not denied. Association members share the cost of insurance deductibles and non-covered losses.
Condo association sued by woman claiming permanent disability after slip and fall
Sep. 24, 2015, 8:07pm
GRETNA – A condominium association is being sued by a woman claiming she is permanently injured after slipping and falling on the premises.
Zipporah Smith filed suit against Metairie Towers Condominium Association Inc. and Endurance American Insurance Company in the 24th Judicial District Court on June 11.
Smith contends that on Sept. 7, 2014 she was a guest at the Metairie Towers Condominium Association located at 401 Metairie Road when she stepped out of an elevator onto a slippery substance on the floor and fell. The plaintiff asserts she suffered several injuries in the incident for which she has had to seek medical treatment and is permanently disabled as a result.
Smith claims a security guard on duty at the defendant’s premises told her “our elderly residents are spilling drink and stuff all the time,” but failed to do anything to remedy the issue.
The defendant is accused of failing to maintain the premises.
An unspecified amount in damages is sought for pain and suffering, medical expenses, economic disability, loss of enjoyment of life and permanent disability.
Smith is represented by Val Patrick Exnicios of New Orleans-based Lisa, Exnicios & Nungesser.
The case has been assigned to Division M Judge Henry G. Sullivan Jr.
Case no. 750-524.