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$ 20 M ( U.S.) Nevada OCCUPIER LIABILITY JURY AWARD rocks HOA owners - Thompson v Lamplight 2018/04/19 23:44  
It's classic shared ownership Big Cheap / What me Worry ?

And its in a judicial environment where a U.S. civil jury might decide to grotesquely punish lazy, cheap risk-taking that injures a sympathetic plaintiff. This ain't Ontario of course.

In February 2018 typical owners in Las Vegas Nevada's Lamplight Village Homeowners Association were shocked to not only hear they had been sued for a 2013 playground injury under what gets labelled "Occupiers Liability" in Ontario.

But that they had just lost.

Not just lost. But lost VERY bigtime. . .

AND also that the jury award meant their $2 M HOA association liability policy would leave the association EIGHTEEN MILLION DOLLARS ( U.S. ) short of coverage. $90 thousand per home short !

Flash forward to shrieking & yelling & looking for someone to blame.


The Big Cheap had allegedly neglected a repeated vulnerability in a swingset component as well as - allegedly - two proposals of an affordable monthly maintenance service. ( Note implied efforts by manufacturer /supplier to distance from liablity ).

After 3 breaks & replacements over 9 years, the alleged improperly addressed swing crossbar component allegedly broke again. This time it hit the 15 year old plaintiff and caused brain injury. ( Details are sketchy pending the issue of an order applying the civil jury's decision. )

With insurers' counsel, the HOA had declined settlements for what turned out to be a fraction of what would come out of the civil jury in February. Vulnerable to overthrow or not is the jury award, think : minors brain-injured on playground.

Amidst owner shrieking, a new HOA counsel has strategically managed to exchange the injured plaintiff's right to action the gigantic award by forced sale of private HOA homes, in return for assignment of proceeds of turnaround claims to be filed against the HOAs original insurer & managers etc.

( The opportunity might have been to trade a vulnerably enormous award windfall, into the assignment to the plaintiff victim of proceeds from turnaround litigation to be filed by the HOA against its insurers & otherwise :

- HOA homes not seized & sold ;

- new counsel gets more litigation fees from new litigation ;

- deeper pockets get targetted than what is secured by homes & amenities. )

The dispute is : Carl Thompson/litigation guardian v. Lamplight Village Homeowners Association ( unreported to date ) docket number A-14-697688-C ; Clark County District Court Nevada.

* *

Feb 16/18 CVN Courtroom View Network “ Homeowners Association Hit With $20M Verdict Over Faulty Swing Set”

Feb 22/18 LV Review Journal “ Jury awards $20M in Las Vegas case involving playground injury” injury by Briana Erickson

March 7/18 Fox 5 Las Vegas NEV “ Homeowners consider suing HOA after it loses $20 million swing set collapse lawsuit” swing-set-collapse-lawsuit#.WqilGvpznfY.twitter

March 6/18 Homeowners of Lamplight Village fear fallout from $20M verdict by Deborah Goonan, Independent American Communities from-20m-verdict/

Latest update on Lamplight Village HOA liability for $20 million verdict:
March 30/18 Independent American Communities ( Deborah Goonan blog ) quarterly-highlights-march-2018/

Carl Thompson/litigation guardian v. Lamplight Village Homeowners Association ( unreported to date )
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