Your condo is your home and sanctuary, the place where you know you can relax and feel safe. The last thing you expect is to suffer slip and fall injuries from a hazardous condition. Homeowners associations (HOAs) must comply with their obligations under the Florida Condominium Act, especially those related to safety in common areas.
When a condo association fails in its duties, victims may qualify for monetary damages. A Miami premises liability lawyer can assist with your remedies, as pursuing an HOA can be complicated. Some important facts about these claims may help you understand the complexities.
Common Causes of Condo Slip and Fall Accidents
These incidents often stem from the unique weather of our coastal area. Frequent tropical storms lead to water buildup in marble lobbies and tiled entryways. This creates immediate hazards if management fails to put down floor mats. Additionally, older high-rises often suffer from:
- Leaking pipes
- Cracked pool decks
- Uneven and broken pavement
When property managers ignore these maintenance issues, they create a dangerous environment that leads to serious injuries for residents and their guests in Miami.
Proving an HOA’s Breach of Duty Under Florida Law
Establishing an HOA’s breach of duty under the Condominium Act requires showing they were negligent about common area safety. This specific law says that associations must keep the property in a safe condition for all residents. To win a case, you must prove the association knew about the hazard or should have known about it. Note that the time you have to file a claim is shorter due to a legal change in March 2023. Now, the statute of limitations for negligence is just two years.
What Your Miami Premises Liability Claim is Worth
Recovering damages is a major concern for anyone facing medical bills, lost pay, and other unfortunate outcomes because of injuries. Compensation usually covers many types of losses, including hospital costs, physical therapy, and lost income.
However, Florida personal injury law applies a modified comparative negligence rule. This means:
- If you are less than 50 percent at fault, your settlement is reduced by the same percentage of blame attributable to you.
- If you are more than 50 percent to blame for your own accident, you cannot recover any money.
The final value of your settlement depends on the severity of your injury and the evidence proving the property management company was at fault. An attorney helps calculate these losses to ensure a fair settlement.
Discuss Your Rights with a Miami Premises Liability Attorney
These are important facts to know when pursuing a claim after being injured at your condo, but you will need assistance with the details. Premises liability claims against HOAs and management companies are often complicated due to shifting Florida laws and insurance company tactics. The team at Gerson & Schwartz, PA, provides the guidance you need to get your life back. To learn more about your rights, you can contact our offices in Miami, Fort Lauderdale, or West Palm Beach. Please call (305) 371-6000 or go online to set up a free consultation today.