What most people do not know is that condos and HOAs have a legal duty to provide a safe environment for anyone that lives or visits their property, much like a department store has a duty to keep their store safe for their guests. When this duty is breached, an association can be held responsible to compensate the injured victim for medical expenses, pain and suffering and lost wages.
Condominiums and HOAs are accountable when injuries occur on their property. They are responsible for keeping the premises safe of any hazardous conditions including slippery surfaces, accumulations of leaves and debris, unkept steps and staircases, thresholds etc. Failure to maintain common areas is evidence that someone at the condo association is failing to do their job and maintain safe conditions.
Common Locations Where Condos and HOAs Must Maintain Safe Include:
Walkways and breezeways
Parking garages and lots
Private side walks
The Process of Filing a Claim
Once you retain the attorneys at Ferrer Law to represent you for your injury claim, we will be in contact with the condo association and the association will contact their insurance company and they will be handling the claim moving forward. The condo association will have little to no involvement I through the process unless a lawsuit is filed. In that case the Board will have to adhere to discovery requests including, interrogatories, depositions and other legal proceedings. Again, about 75% of claims will be resolved before having to file a lawsuit.
What to Do if You are Injured:
1) If possible, report the occurrence to the association. This will put them on notice of the occurrence. If you require assistance from ambulance or ems this may be used as an incident report as well
2) Request a copy of the report, most times they will choose to not provide one.
3) If possible, take photos of the unsafe condition
4) Be aware of any video surveillance, or cctv in the area
5) Get contact information of any witnesses
As we head into the third month of quarantine and restrictions, most people are spending a lot of their time at home. With the rainy season approaching in South Florida it is important to be aware of any slippery conditions there may be in the common areas of you condo or residential community. The attorneys at Ferrer Law, PA have represented individuals with various injuries like back injuries, bicycle accident, brain injury, burn injury, car accident, catastrophic injury, dog bites, Lyft accident, medical malpractice, motorcycle accident, neck injury, negligence, negligent security, nursing home abuse, pedestrian accident, personal injury, premises liability, products liability, serious injuries, slip and fall, train accident, trip and fall, trucking accident, Uber accident, and wrongful death throughout Miami-Dade, Broward, and the rest of the state of Florida. If you or a loved one has been hurt due to the negligence of a condo association or residential community, call the Ferrer Law, PA, at 305-697-2224 for a free consultation.