Many are happy to call their apartment home. As such, the last thing they expect when arriving home after a long day at work is to slip and fall in a hallway or other common area. If this reflects your circumstances, you understand how slips, trips, and falls can lead to severe injuries for victims. As such, understanding who can be held liable for injuries sustained in apartment complexes is crucial to ensuring you can recover the compensation you deserve. If you want to pursue justice, the following blog and a Broward County slip and fall lawyer can assist you through these challenging times.
How Do Slips and Falls in Apartment Complexes Happen?
Unfortunately, there are a number of causes for slips and falls in apartment complexes in Florida. Generally, these are caused by hazards left on the ground, including the following:
- Spills or wet spots
- Construction materials
- Garbage
- Wires
- Loose carpeting or tiles
- Overly waxed floors
- Inadequate lighting
- Missing handrails
However, slips and falls can also happen near pools. Though many understand the risks associated with pools, as there is bound to be water, if debris or pool equipment is left out and leads to someone falling, injuries can still occur.
Finally, many accidents are the result of unsafe stairwells. When stairs do not have handrails, adequate lighting, or adhere to local codes, such as having improper riser or tread measurements, those going up or down can slip and fall.
While many assume that a slip and fall will result in little more than a bruised ego, this is far from the truth. Unfortunately, slips and falls are one of the leading causes of death for senior citizens in Florida, and there are a number of serious injuries that those who suffer a slip and fall can endure. These include, but aren’t limited to, fractures, neck and spinal cord injuries, traumatic brain injuries, and soft tissue injuries, among others.
Who Can Face Liability for These Instances?
In many instances, your landlord or property manager can face liability for these instances, as they are responsible for ensuring the safety of common areas, as well as ensuring that the building is up to local code. This includes lobbies, hallways, amenities, parking lots, and walkways on the property. As such, landlords must ensure their property is in good condition.
However, it’s important to understand that a property owner must have known or had reason to believe the hazard existed. For example, if they are doing work on the property and leave materials out, leading to a tenant tripping, it would be their fault. However, if a pipe bursts, causing water to accumulate in a hallway, and minutes later, someone slips, the landlord may not be liable. This is because they did not have reason to believe a pipe would burst or a reasonable time to remedy the situation to prevent injuries.
In some cases, a third party, like a construction group, cleaning crew, or landscapers, can face liability for the damages you face in the event you sustain injuries caused by unsafe conditions they created.
Does It Matter Where the Slip and Fall Occurs?
It’s important to understand that the location of where the accident occurs will impact your ability to file a claim. Generally, any slip and fall you experience inside of your own unit due to conditions you implemented is not the liability of your landlord. For example, slipping on a rug that you did not anchor to the ground would not be the liability of your landlord.
On the other hand, if the condition in your apartment is a hazard caused by maintenance conditions that you reported, like a leaky faucet or broken tiles, your landlord can face liability if you are injured. However, as mentioned, they must have a reasonable time to remedy the situation to prevent injuries.
However, if you slip and fall in a common area, like a laundry room, hallway, or parking lot, you’ll find that it is generally the liability of your landlord, as they are responsible for ensuring these areas are safe for tenants.
If I’m Injured, What Should I Do?
If you are injured in your Florida apartment complex, it’s imperative to understand the steps you must take to recover the compensation you are entitled to. This includes receiving emergency medical attention for the injuries you’ve endured or going to your doctor as soon as possible. Additionally, you should ensure you photograph the conditions that led to your injuries before notifying your apartment manager in writing of the hazard and your subsequent accident. You should also request any surveillance footage that may have captured your accident, as well as keep the shoes and clothing you were wearing when the slip happened.
Finally, you’ll need to ensure you contact a dedicated attorney as soon as possible. The statute of limitations in Florida is two years. If you fail to file a claim within this timeframe, you relinquish your right to seek compensation, so acting quickly is critical.
At the Finizio Law Group, our dedicated team will do everything possible to assist you during these times. We understand how devastating it can be for tenants across Broward County to endure a slip and fall. As such, we will do everything in our power to help you receive the compensation you are entitled to. Reach out to us today to learn more.
