Liability of homeowners assoc.in deer collisions

by PJ

Our Condominium Association's property contains wooded area and is adjacent to other private property with forest area. Our private road is next to a retention pond that deer visit. Deer pass from the neighbors woods to ours and cross into the next subdivision. As they do this they cross our private street.

When our condos were built the developer gave the adjacent subdivision an easement on our street. So we have people and vehicles traveling to the subdivision clubhouse/pool, and the subdivision homes.

What is our association's liability if someone traveling on our private road hit a deer?

Would they be able to sue us for damage to their car or selves?

Thank You,
PJ

Answer to Liability of homeowners assoc. in deer collisions:

Hello PJ,

Wow, well, this is an impossible question to answer. What kind of by laws exists. Is the association agreeing to fence off the deer?

Typically, deer collisions are “comprehensive claims.” A claim where there is no liability to anyone (you cannot blame the deer and deer are not domesticated – they have no owner).

Of course, if there is a contractual obligation or there is negligence regarding handling the deer, there could be liability on the homeowner association, other than that, it is unlikely.


Good Luck,
http://www.auto-insurance-claim-advice.com/