If you have been injured in your apartment building at no fault of your own, you may not know that you are entitled to compensation. After all, accidents happen, right? Incorrect; your landlord has a duty to ensure that your apartment building is safe. However, seeking justice for your sustained apartment accident injury may seem impractical to deal with. Luckily, a Broward County slip and fall lawyer can help you fight to win your premises liability claim.
What Constitutes an Apartment Accident Injury?
An apartment injury occurs when a tenant or guest of a tenant is hurt on the premises of the apartment. The injury is a direct result of your landlord’s negligence to correct unsafe conditions on the property and is the sole cause for which you became injured. Generally, these tend to be slip and fall cases caused by damaged walkways, unsafe stairwells, lack of handrails, or insufficient lighting.
However, injury can also occur when a landlord fails to remove pests and vermin from the property or refuses to hire a mold remediation company. Though these do not result in immediate injury, inhaling mold or pest droppings can lead to chronic illnesses.
Understanding a Landlord’s Duties
When a landlord takes ownership of a building, they are required by Florida law to comply with building and housing codes. Because they own the property, they are responsible for ensuring the location is safe and up to code, like any other homeowner. This includes guaranteeing roofs, windows, steps, and the rest of the building’s structural aspects are up to date and in regulation.
However, the landlord’s duties only extend to the permanent features of the apartment building.
For example, if the stairs were old and damaged and a tenant fell and became injured while walking up or down, the landlord would be responsible. This is due to the fact that the structure of the stairs caused the accident. However, if the injured party fell down the stairs because they tripped over a welcome mat they placed on the floor, the stairs played no part in the injury. Thus the landlord would not be responsible to compensate the injured party.
When Should I File a Claim?
If you have been injured due to the negligence of your landlord, you will want to file a claim as soon as possible. In Florida, the statute of limitations on premises liability claims is four years from the date of the accident. Though you have the time to file the claim, you will want to avoid waiting too long.
Generally, the longer you wait to file a claim, the harder it is to prove. Over time, memories get foggy, documents become lost, and witnesses may move away. Instead, contact the Finizio law group today to help you receive the justice and compensation you deserve.
