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Homeowner sues HOA for negligence after injury

FLORIDA RECORD

Thursday, November 21, 2024

Homeowner sues HOA for negligence after injury

State Court
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Lauren Burke, Domestic Violence at the FL 15th Judicial Circuit Palm Beach | https://www.15thcircuit.com/

Sandra Kessler has filed a lawsuit against a homeowners association, alleging negligence after suffering injuries from a fall on their property. The complaint was filed by Kessler in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, on October 16, 2024, against Hammock Reserve Homeowners Association, Inc.

The lawsuit centers around an incident that occurred on June 5, 2024. According to the complaint, Sandra Kessler was lawfully present as a resident and business invitee at the premises owned and managed by Hammock Reserve Homeowners Association located at 4765 Orchard Lane, Delray Beach, Florida. The association is accused of failing to maintain safe conditions on their property. Specifically, Kessler claims she tripped over a threshold that was obscured by construction or protective paper improperly placed over it.

Kessler asserts that Hammock Reserve had actual knowledge of this hazardous condition or should have known about it due to its regular occurrence. She argues that the association breached its duty to ensure safety by allowing such dangerous conditions to exist without adequate warning or corrective measures. "Negligently creating and/or allowing a hazardous condition to exist" is one of several allegations outlined in the complaint.

As a result of her fall, Kessler states she sustained permanent injuries affecting her physical and mental well-being. The complaint details various damages including pain and suffering, disability, disfigurement, mental anguish, inconvenience, and ongoing medical expenses. Consequently, Kessler seeks judgment for damages exceeding $50,000 along with interest and court costs.

Representing Sandra Kessler is attorney Marius Boeru from Morgan & Morgan P.A., based in West Palm Beach. The Case Number is: 502024CA009915XXXAMB Div: AK.

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