Slip on Condo Common Ground

[maldob1]

What is the name of your state? Connecticut

We are a very small condo assoc.
A guest of one of the owners, claimed that she slipped on a patch of ice back in Dec. 2005. The owner contacted the Assoc. president the next day to say that her friend had fallen on a patch of ice in the parking lot and that she had gone to hospital later that evening, but that not to worry that her friend was not going to file a claim with our insurance or sue us.

The day the guest claimed she fell was during a terrible snow storm. The parking lot had just been plowed and the snow continued to fall. The owner did not witness their guest fall, her boyfriend was the only witness. They were illegally parked in our parking lot and the owners said that she was drinking (at their home) prior to her so called fall. No pictures were taken.

Today, Aug. 22, the owners contacted the assoc. President to advise her that the Guest would now like to file a claim with condo's insurance company to recover medical expenses that her insurance will not cover as well as future medical bills as a result of the fall; which injured her back.

My question(s): Is there a statue of limitations for making any kind of insurance claims now? Wouldn't she have to prove the association was negligent? Can the association hold those home owners liable for their guest injury because they confirmed they were all drinking? If our insurance rejects her claims, can she legally sue our homeowners association and hold us all liable?

Thank you in advance.What is the name of your state?

 

[You Are Guilty]

My question(s): Is there a statue of limitations for making any kind of insurance claims now?

The Statute of Limitations generally refers to the permissible time in which to bring a lawsuit. The timing of filing a claim with the insurance company is controlled by the insurance policy, which is a contract. Assuming the Board gave/gives the insurance company prompt notice of the "claim or potential claim" (*the usual language used, check your individual policy), then the actual claim can be filed just about any time.

Wouldn't she have to prove the association was negligent?

Absolutely. And based on the facts you've presented, they will not even come close.

Can the association hold those home owners liable for their guest injury because they confirmed they were all drinking?

Possibly, but unlikely. However, their drinking should put the final nail in the coffin for denying the claim of a drunk who slips and falls during a storm.

If our insurance rejects her claims, can she legally sue our homeowners association and hold us all liable?

She "can" sue, but the HOA is not liable - that's what the insurance is for.

Thank you in advance.

You're welcome in hindsight.