Smith, Feddeler & Smith, P.A.

The rights of Florida tenants to a safe property

If you are a tenant in a Florida apartment, or if you own a condominium, you are not in full control of the communal spaces that exist in the building. This means that you, as a tenant or condominium owner, do not have the responsibility to maintain these spaces. It is the responsibility of the building owner.

When building owners are not engaged with the maintenance of their property, injuries can occur. If you have become injured as a result of poor safety standards in your Florida building, it is important to know that you may be able to take legal action to recoup damages.

What spaces in the building are defined as communal?

Any spaces in an apartment building that are intended for use by all residents are classed as communal spaces and are the responsibility of the building owner. All stairwells and corridors are the responsibility of the building owner, as well as laundry rooms and gym facilities. External property is also included, such as gardens or pools on the property.

What types of circumstances could be deemed the building owner's fault?

If you are injured in the communal area of your apartment building, you should firstly reflect on what you believe to be the most probable cause of your accident. For example, if you believe that your injury was due to the ripped carpeting on the stairwell floor, you may be able to argue that the injury would not have occurred had the building owner fixed the issue.

An injury the building owner could have reasonably prevented by maintaining adequate safety standards is one in which the building owner could be blamed.

What damages can I gain if I take action?

If you can show that the owner of the building's negligence led to your suffering significant damages, you will be able to claim compensation. This compensation will likely cover the pain you suffered as well as the financial implications that the injury had on you. It is important to understand premises liability law in Florida and to take action as soon as you can.

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