Condominium Slip and Fall Claims
Get Insight From Alan Sackrin’s 40+ Years of Experience
Condominiums have a legal duty to provide a safe environment for anyone that lives or comes onto their property. When this duty is breached, and someone is seriously hurt, an association can be held responsible to compensate that injury victim for things like pain and suffering, lost wages, medical expenses and other economic and non-economic damages.
For over 40+ years, Alan Sackrin has represented clients in recovering monetary damages for their personal injuries, including condominium-related slips and falls. Alan is a Board Certified Civil Trial Lawyer and an expert personal injury lawyer that strives to obtain maximum compensation for his clients.
Holding Condominiums Accountable For Slip And Fall Accidents
Florida laws are designed to hold condominiums and HOAs accountable when a serious injury occurs as a result of their negligence. They are responsible for ensuring that their property is free from hazardous conditions and for making sure that residents and guests are aware of any dangerous conditions that may exist.
Hazardous or dangerous premises are usually an unfortunate consequence of someone failing to do their job (or breaching their duty), including not providing adequate security for residents and guests or not removing water from a parking garage (like the case we settled for $165,000.00 related to a slip and fall by a homeowner in her condo common areas). Persons injured because a condominium or HOA was negligent may be able to collect monetary compensation not just from the condominium association but from the management company as well.
Alan handles slip and fall and other condominium-related personal injury cases in Hallandale, Hollywood, Aventura, Fort Lauderdale, Miramar, Pembroke Pines, Weston, Davie, North Miami Beach, Dania Beach, and all other cities in Dade, Broward, and Palm Beach Counties and throughout Florida.
Read: How much can you get for your slip and fall?
Five of the Most Common Condo Slip and Fall Accident Claims
In cases of condo negligence, the burden of proof in Florida lies with the victim. For anyone injured due to the carelessness or inattention of a condo association or HOA, this can seem unfair, especially after having already suffered a significant injury. Nevertheless, winning a personal injury case against a condo association or HOA comes down to proving they were negligent. Here are five of the most common types of condo accidents in Florida and how to prove negligence in each one.
Condominium Pool Slip and Fall
If you’re hurt in a condo pool accident, you’ll need to prove that the condo failed in its duty of care to keep its pool free from hazardous conditions. This isn’t always as easy as it seems. This article can help you determine the most important factors when gathering evidence to support your claim. Read more here.
Condominium Stairway Slip and Fall
If you trip or slip while using your condo’s stairway, you’ll need to prove the condo failed to adequately maintain the stairs with proper lighting, handrails, etc. This list of 20 questions and considerations should help shed light on the safety measures your condo association should be taken to avoid an accident. Read more here.
Condominium Parking Garage Slip and Fall
Parking garage accidents are one of the most common types of condo accidents. This is because there is a long list of hazardous conditions, from broken wheel stops to poor lighting to uneven surfaces. This article offers 32 questions and other info to help you prepare your injury claim and acquaint yourself with how the condo should be protecting you. Read more here.
Condominium Sidewalk Slip and Fall
Condo-owned sidewalks pose frequent tripping hazards due to a variety of issues, such as uneven concrete slabs, crumbling or cracked joints, or inadequate or nonexistent warning signage. This article can help you determine whether the cause of the accident was negligence on the part of the condo association or HOA or whether it was a condition that was “open and obvious.” Read more here.
Condominium Lobby Slip and Fall
Whether it’s a rain-soaked lobby floor, cracked or broken tiles in the entryway, or worn-out floor mats inside or outside, entryways and lobbies can easily fall into disrepair and lead to slip and fall injuries. These 26 questions can help determine whether there was negligence involved and what steps the condo should take to protect unit owners and other invited guests. Read more here.
What Does An Association Have To Do To Protect Its Owners And Tenants?
In Florida, a condominium association, and its property manager, have a duty to maintain the association-owned property in a reasonably safe condition and they have a duty to repair conditions that they know or should know can cause harm.
However, there are limits to how far an association must go to protect its residents and guests. For example, there is no legal duty for a condominium association to provide a lifeguard for the safety of those enjoying the condo’s swimming pool. This is the case even though condominium associations owe a duty to exercise ordinary and reasonable care regarding the pool’s use and maintenance (see Machin v. Royale Green Condo. Ass’n, 507 So. 2d 646).
Common conditions and locations where Condo and HOA slip, trip, and fall accidents occur:
- Lobbies – missing or damaged floor mats, crumpled floor mats, rocks, and other debris on the floor
- Elevators – uneven flooring
- Construction and Renovation to Common Areas – often construction and renovation work can create conditions that lead to an injury.
- Tennis Courts – holes or cracks in the court surface
- Pools – missing or damaged anti-slip materials, damaged steps & ladders
- Grassed Areas – holes in the grass from broken sprinklers
- Walkways and Breezeways – dirt, rocks or other debris in an entryway or on stairs, unpainted steps, missing or damaged handrails, loose or cracked pavers, and clogged drains
- Hallways & Stairs – step-downs without warning signs, stairwells where water collects, slippery steps or landings, missing or broken handrails, and issues with the height and depth of the steps
- Gyms – unsecured electrical cords, shower areas missing anti-slip strips, and missing or damaged grab-bars
- Parking Garages and Lots – holes in the floor, cracks in the floor, broken or out of place wheel stops, uneven flooring, sunken flooring, oil, or other transitory substances on the floor
- Private Sidewalks – cracks, uneven or raised cement, and tree roots causing damage to the concrete
Remember to do these things if you are injured:
- Report the occurrence
- Be accurate and ask for a copy of the report
- The report can be used against you
- Do not over or understate your injury
- Tell your medical care professional about any pre-existing injuries
- Be aware that condominiums have surveillance
- Be Honest in all respects (when reporting the incident and when discussing your injuries with your medical care provider)
What Should The Board Do When It Receives A Personal Injury Claim?
Once the condominium association receives a claim, the first thing they should do is contact their attorney and their insurance agent. The insurance agent will file the claim with the underwriter and an adjuster will be assigned to the file. Once the adjuster is assigned, the victim will then receive a letter from an attorney hired by the insurance company or from the adjuster letting the victim know their claim is being reviewed.
At that point, the insurance company is now the primary party handling the claim. The board will not have tremendous involvement with the claim at that time unless a personal injury lawsuit is filed. If that happens, then the Board will have to deal with discovery requests, including interrogatories, depositions, and requests to produce documents (like maintenance logs).
Case Example – Slip and Fall in a Condominium Parking Garage
The plaintiff, a resident and a condominium unit owner filed suit after she sustained serious injuries due to the Associations’ failure to maintain the parking garage in a reasonably safe condition.
The plaintiff slipped and fell on accumulated water in the garage area. Following the incident, the plaintiff called for help and was advised that emergency medical services were on the way. A staff member remained with her while she reported being unable to move her left leg. At her request, photographs of the scene were taken by staff.
After her hospital discharge, the plaintiff visited the property’s recreation office to obtain the incident photos. During this visit, she informed a staff member that she had observed two workmen in the area with a green garden hose and had noticed water on the garage floor prior to her fall. The plaintiff stated she was proceeding with caution due to awareness of potential hazards. The staff member acknowledged prior reports of water intrusion in the garage, attributed to recent rain, but denied knowledge of any workmen present at the time. Although the staff member advised the plaintiff to file an insurance claim, the plaintiff never received the insurer’s contact information. No further communication about the incident occurred between the plaintiff and property representatives, except through the plaintiff’s legal counsel.
The plaintiff contends that the water accumulation was a recurring and foreseeable hazard that the defendants negligently failed to address, either by remedying the condition or ensuring proper maintenance to prevent water intrusion. She alleges that this failure directly caused her fall and the resulting injuries. As a result, she claimed permanent injuries, including physical pain, disability, disfigurement, emotional distress, medical expenses, diminished earning capacity, and reduced quality of life—injuries she asserts will continue to affect her in the future.
Settlement:
Without admitting liability, the parties entered into a Personal Injury Release and Settlement Agreement to fully and finally resolve all claims arising from the client’s slip and fall. The client received a settlement amount that we believe was the amount needed to make our client whole again. The claimant was required to execute a Confidentiality Covenant, agreeing to keep the terms of the settlement confidential.
Alan Will Take The Time To Explain Your Options
A simple call, or email, puts you in contact with a committed attorney who will handle all aspects of your matter and work hard to help you get the compensation that you deserve to make you whole again. If you or a loved one has been injured due to the negligence of another person, contact Alan Sackrin, an experienced Slip and Fall Attorney, today for a free consultation.
Insurance Reimbursement Can Be Complex
Unfortunately, many premises liability lawsuits involve legal complexities that only an experienced personal injury lawyer knows how to handle, especially when it comes time to present a demand for compensation and settle a claim (like reimbursing your insurance company and/or Medicaid/Medicare from your settlement proceeds). Alan will discuss your legal options, guide you through the process and advise you of your rights, including the level of reimbursement due third-party payors.
Quick Slip And Fall Facts:
Slip and falls are the second leading cause of injuries and deaths after car accidents. Every hour an older adult dies as a result of a fall. The most common injuries resulting from slip and falls include herniated discs, head injuries, and/or knee injuries. Learn more from Alan Sackrin, an expert slip and fall lawyer.
What Should You Do?
If you or a loved one has been injured in a condominium slip and fall in Florida, a good piece of advice is to speak with an experienced Florida personal injury lawyer to learn about some of the issues that can arise with these claims, including the type of evidence needed to prove a claim and the type and amount of damages you can recover. Most personal injury lawyers, like Alan Sackrin, will offer a free initial consultation (over the phone or in person, whichever you prefer) to answer your questions.
Do You Have a Question?
Please fill out the “Talk With Us” form above to ask a question or you can call Alan Sackrin at 954-458-8655. He promises to get back to you promptly. Ask now.
Related Slip and Fall Topics
Please feel free to read our other slip and fall (trip and fall) related articles and fact sheets, including:
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