BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A Boca Raton Homeowners Association is being sued by a man who claims the HOA’s poorly maintained parking lot led him to crash his electric scooter.
Robert Clarfield claims that the Villas of Boca Barwood is responsible for his accident. From the complaint obtained by BocaNewsNow.com: “On or about December 9, 2023, (Clarfield) was lawfully operating his electric scooter in the parking lot area surrounding 8904 SW 22nd Street, Boca Raton, when he struck the uneven pavement and pothole as a result of a dangerous condition on the roadway, sustaining significant permanent injuries. “
The suit also accuses Boca Barwood of, “Negligently failing to maintain or adequately maintain the parking lot pavement leaving it uneven with a large pothole, thus creating a hazard to members of the public … Negligently creating a vehicle and pedestrian hazard to members of the public utilizing said premises … Negligently failing to inspect or adequately inspect the parking lot pavement to ascertain whether there was uneven pavement and/or potholes … (and) Negligently failing to enforce its stated policy that certain The Villas Of Boca Barwood employees are responsible for inspecting the parking lot pavement for dangerous conditions.”
The complaint claims that Mr. Clarfield sustained bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, and more. It was not immediately clear why Mr. Clarfield was riding his scooter in a parking lot, the type of scooter, whether or not he was wearing a helmet, and whether an ambulance was called to the scene. He is represented by Morgan and Morgan’s office in Plantation.
It makes you wonder why liability insurance is through the roof. Yes, some HOAs need to step up to the plate on maintenance, in which case residents will kick and scream at sharp increases in dues… or like everything in life be warned at your own risk. I mean, what’s stopping people from next that suing the county over its third-world tier, poorly designed and arbitrarily maintained road systems causing traffic collisions?