If you suffer an injury on a property that belongs to a homeowner’s association, or HOA, in West Virginia, you may have grounds to file a claim against the HOA for failing to maintain a safe premises. Going up against a homeowner’s association, however, is not easy. Like any other business organization, the HOA will typically do what it can to avoid liability for a victim’s injuries and save money on payouts. To successfully hold an HOA responsible for a serious injury, you may need to hire an experienced premises liability lawyer in West Virginia.

When Can You Sue the Homeowner’s Association?

Like any property owner or business, an HOA has a legal obligation to ensure the reasonable safety of its premises. This responsibility involves checking for potential or hidden hazards, promptly remedying known defects and responding to tenant repair requests, and publicly posting warning signs if there are injury risks on the property. If an HOA falls short of its responsibilities (known as breaching the duty of care), it can be held financially liable for preventable accidents, such as:

  • Slip, trip and fall accidents
  • Faulty staircases
  • Structural collapses
  • Parking lot accidents
  • Injuries involving manhole covers
  • Ice or snow accidents
  • Swimming pool or hot tub accidents
  • Flooding or water leaks
  • Structural fires
  • Community gym accidents
  • Crimes due to poor security
  • Dog attacks from a lack of pet regulations
  • Exposure to toxic substances, such as asbestos

If a preventable accident occurs on property that the HOA is in charge of maintaining, the HOA can be held liable for a victim’s medical costs, pain and suffering, lost wages, and more. Common areas are generally within the HOA’s authority, such as clubhouses, lobbies, staircases, pools, gyms, gardens, parks, sidewalks, streets and land that does not belong to homeowners. Holding the HOA responsible for a premises liability accident requires evidence that the HOA breached its duty of care and that this was the proximate (main) cause of the victim’s injury.

Can the Homeowner Be Held Responsible?

If the injury took place inside of a home that is part of a homeowner’s association, the owner of the house may be held responsible instead of the HOA. Most HOA contracts state that the association is responsible for the care, maintenance and safety of common areas, but not private places. This means that the inside of a home and other private properties, such as a yard or deck, are the responsibility of the individual homeowner.

If an unsafe condition that was within the homeowner’s duty to repair caused your accident, you may be able to bring a claim against the homeowner’s insurance company rather than the HOA. In West Virginia, state law also enables you to include multiple parties in your personal injury claim. You may be able to name both the individual homeowner and the HOA as defendants in your case, depending on the circumstances. This could allow you to qualify for greater financial compensation through multiple insurance providers.

How Can a Lawyer Help?

Taking on a case involving a homeowner’s association in West Virginia can be difficult. Rather than only dealing with an individual property owner, you may have to go up against the HOA’s legal team or multiple defendants in pursuit of fair financial compensation. If you find yourself in this situation, contact a lawyer as soon as possible for legal assistance.

A lawyer can assess your case and let you know who is liable for your injuries based on which party was responsible for the area where your accident and injury took place. Then, your lawyer can help you demand maximum compensation from all at-fault parties. For more information about a case, call to request a free consultation at Manchin Injury Law Group.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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