When Can Building Owners Be Held Responsible for Residents’ Slips, Trips and Falls?

Apartment and condo residents in Florida can sue their buildings’ owners for slips, trips and falls in various circumstances. Most claims involve failure to adequately maintain common areas, though residents may also be able to file other types of claims. Our Florida personal injury lawyers help apartment and condo residents fight for just compensation in these cases.

If you live in an apartment or condominium, you rely on your building’s owner or management company to maintain all common areas in safe condition. Not only does your building’s owner or management company have an obligation to maintain all common areas, but as a resident, you are generally prohibited from making improvements or modifications to common areas as well.

This means that if your building’s owner or management company fails to do what is required, you may have grounds to take legal action. Building owners and management companies can be held liable for residents’ injuries in many cases—including those involving common-area slips, trips, and falls.

Common Areas that Building Owners (and Property Managers) Have a Duty to Maintain

As a general rule, building owners (or their property managers) have a legal duty to maintain all common areas in safe condition for residents’ use. As a result, if a building owner or management company does not maintain a common area in safe condition, this can provide grounds for legal action in the event of a slip, trip, or fall. Some examples of common areas that building owners and management companies will generally have a duty to maintain include:

• Parking lots and parking garages
• Sidewalks and exterior stairways
• Interior hallways and stairwells
• Lobbies and entryways
• Mailrooms
• Elevators
• Swimming pools
• Fitness centers
• Club rooms and other gathering spaces
• Car washing stations and other amenities

Of course, the areas your building owner or management company is required to maintain depend on the property where you live. If your building has any common areas that are the building owner’s or management company’s responsibility—and if you were injured in one of these areas due to an issue with the property—it will be worth speaking with one of our Florida personal injury lawyers about your legal rights.

Documenting Your Claim After a Fall at Your Apartment Building or Condominium

If you have a personal injury claim for a fall at your apartment building or condominium, it will be important to quickly document your claim as thoroughly as possible. While you can—and should—rely on your personal injury lawyer to conduct a comprehensive investigation, there are some steps you can take to help protect your legal rights as well. For example:

1. Seek Treatment Promptly

Any time you suffer fall-related injuries, you should seek treatment promptly. If you have a personal injury claim against your building’s owner, seeking treatment promptly will help with proving the timing and cause of your injury.

2. Take Photos and Videos with Your Phone

If it is safe to do so, you should take photos and videos of the common area where you fell with your phone. Documenting the scene promptly could be important in proving that an issue needed to be addressed.

3. Keep Any Other Photos or Videos of the Area Where You Fell

If you have any older photos or videos of the area where you fell, be sure to keep them as well. These could also show the cause of your accident, or they could help show that the property’s condition has deteriorated over time.

4. Write Down as Many Details as Possible

Regardless of whether you have any documentation of the location where you fell, you should write down as many details as possible. Why did you slip or trip? Was the hazard new? Did any of your neighbors see what happened?

5. Hire a Personal Injury Lawyer to Investigate

Proving your legal rights will require an on-scene investigation. It may also require obtaining maintenance records and other forms of documentation from your building’s owner or management company. As a result, it is important to hire an experienced personal injury lawyer as soon as possible.

FAQs: Filing a Personal Injury Claim Against Your Building’s Owner in Florida

Can apartment and condo residents sue their building owner (or management company) for slips, trips and falls in Florida?

Apartment and condo residents can often sue their building owner (or management company) when they suffer injuries in a common area. If your injuries could—and should—have been prevented with appropriate property maintenance, you may be entitled to financial compensation. To find out if you have a claim, you will need to discuss the specific circumstances of your accident with an experienced personal injury lawyer.

What do I need to prove in order to sue my building owner (or management company)?

Filing a personal injury claim against your building owner (or management company) requires proof that it is legally responsible for your injuries. Typically, this involves proving that it failed to promptly (and appropriately) address a premises-related injury risk.

How much can I sue for if I was injured at my apartment or condo complex in Florida?

If you have a personal injury claim for an injury you suffered at your apartment or condo complex, the damages you are entitled to recover depend on the extent of your physical and emotional trauma as well as your immediate and long-term financial losses. Once you hire an experienced personal injury lawyer to represent you, your lawyer will be able to provide an assessment of the value of your claim.

Contact the Florida Personal Injury Lawyers at Searcy Denney for a Free, No-Obligation Consultation

Were you injured at your apartment or condo complex in Florida? If so, we can assess your legal rights and take legal action on your behalf if warranted. To speak with one of our experienced personal injury lawyers in confidence as soon as possible, call 800-780-8607 or request a free consultation online now.