Maintaining apartments and buildings in good condition is critical to ensure the safety of tenants and prevent apartment injuries. If you were injured because your landlord or building management company failed to maintain the building or rental unit in a safe condition, you might be entitled to pursue compensation.
However, in order to file a personal injury claim against your landlord or building management company, you must prove that they were negligent.
Landlord’s Liability for Apartment Injuries in Florida
When a landlord neglects the repair, maintenance, or management of their rental apartment or unit, their negligence can result in various types of apartment accidents and injuries, including:
- Slip and fall injuries;
- Electrocution or burn injuries caused by faulty electrical wiring;
- Mold caused by flooding or water damage; and
- Trip and fall injuries due to broken or missing railings and stairs.
Under Florida law, tenants can hold a landlord liable for their injury if they can prove that:
- The landlord had a duty to maintain the area of the apartment or apartment complex where their injury occurred;
- The landlord failed to take reasonable steps to prevent the accident;
- The landlord should have repaired the hazard that caused your injury or at least post a warning sign;
- The tenant’s injury was a foreseeable consequence of the landlord’s negligent acts or omission to act;
- There is a link between the landlord’s negligence and the tenant’s injury; and
- The tenant incurred damages due to their injury.
How Landlords and Building Management Companies Must Prevent Tenants’ Injuries
Many landlords across Florida rely on building management companies to maintain rental properties and enforce their rental collection policy. If a tenant’s injury was the result of the management company’s negligence, they could file a lawsuit against the company to recover damages.
Under Florida law, landlords and building management companies must:
- Ensure that their rental apartment meets and the housing, building, and health codes;
- Eliminate all hazards and unsafe conditions, including but not limited to mold, bedbugs, pest infestation, lead paint, and others;
- Before a tenant moves in, ensure that the stairs, handrails, floors, and other elements of the rental apartment are safe and in good condition;
- Ensure that the doors, locks, electricity, plumbing, and other necessary utilities are functioning properly; and
- Perform any repairs and maintenance, if necessary, before a tenant moves in to prevent injuries.
In Florida, you cannot sue a landlord or building management company if they were negligent, but their negligence did not cause injuries.
Speak with a Personal Injury Attorney in Florida
It is vital to speak with a knowledgeable personal injury attorney to determine liability in your particular case and identify who should be held responsible for your injury, the landlord or the property management company, or both
If your injury was the result of negligence on the part of your landlord or the management company, you might be entitled to compensation. Depending on the liable party’s insurance company’s willingness to settle your claim, you may not need to sue the landlord or the management company. In fact, the vast majority of personal injury claims are settled out of court.
Speak with our Lakeland personal injury attorneys at The Turnbull Firm to schedule a consultation and discuss your particular case. Call at 863-324-3500 today.