Many people in Miami and other South Florida communities decide to purchase a condo rather than a detached house. In many cases, the more attractive prices, amenities, and the maintenance of common areas make these properties very attractive for busy homeowners. Many elderly persons and people living alone enjoy the extra security features many condo associations offer.
Each month, condo residents pay a fee to their condo association to maintain common property and to pay for amenities. Despite the added protection, however, some condo residents find themselves injured in their buildings. When this happens, who is responsible? What legal choices do residents have?
What Types of Condo Injuries and Accidents are Common?
Condo injuries and accidents can include:
- Assaults, robbery, and battery inside the condos
- Crimes and injuries perpetuated by contractors, staff, subcontractors, and others hired to work in the condo
- Drownings and near-drowning incidents
- Trip and fall or slip and fall accidents in common areas
- Burns and burn injuries caused by fire code violations or faulty wiring
- Elevator accidents and injuries
- Stair injuries resulting from poor lighting or poor maintenance
- Injuries and property damage resulting from leaks or faulty plumbing
- Falls from balconies or decks because of poor maintenance or structural issues
- Head injuries caused by falling glass, screens, or other elements of the building that are not correctly secured
- Injuries to guests visiting a condo property
- Attacks in parking lots, storage areas, or other common areas
Who is Responsible?
When a condominium accident or injury happens in Miami, it’s important to determine who was responsible and liable. Did the condo association fail to screen staff, subcontractors, or contractors hired in the building? If this led to a crime and injury, the injured party may have a negligent security claim or other claim against the owners of the building or the condo management company. If poor maintenance or poor security led to an injury, the condo management company or building owner may also be held liable.
In many cases, it can be hard to tell whether there is a negligent party or whether you have a personal injury or premises liability claim in Miami or your community. Condo associations may move immediately to reduce liability and may even pressure you into signing documents to reduce the chances of legal action. In some cases, condo associations may claim your condo agreement does not give you the right to pursue legal action.
There’s no doubt that the homeowners’ association or condo owners’ association may make your claim more complex. You need someone who is familiar with personal injury law, real estate law, and homeowners’ associations. A qualified attorney can help you protect your rights and can help you pursue a claim if you qualify. If you’d like a no-pressure and no-cost consultation with a personal injury attorney in Miami or anywhere in South Florida, contact Flaxman Law Group. Our full-service law firm would be happy to meet with you in a free consultation to talk about your situation and your next steps.