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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I fell and broke both my feet at the condo I live in, it was

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I fell and broke both my feet at the condo I live in, it was off a step located by my neighbors house ... unusual step, can I file a claim with the Homeowners assocation Insurance or what is my option, I do have medical insurance, but it will only cover 80%. I will have surgery on one of my feet next week, 3 months recovery and physical therapy.

Thank you
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Was the property where you fell part of the common elements or limited common elements for which the condo association is liable for repairs?

Did the association have notice that the step was defective prior to your fall?
Customer: replied 4 years ago.

It was a step by my neighbors drive way, it was not defective, it is just an unusual step that the units directly accross..which is mine, do not have this same step.

Thank you for your response.

Under Oregon law, the owner of property is not liable for every injury that occurs to someone on their property. In order to hold the landowner liable for your accident, you have to prove that there was some type of defect in the poperty that caused your fall and subsequent injury and that the landowner had knowledge of the defect and failed to warn or cure the defect. Thus, while you can file your claim with the homeowner's insurance if it is on their property or the condo association insurance if it was common property, you would have to prove the step was defective and knowledge of the owner of the defect in order to collect damages and if you cannot do so they will deny your claim.

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