Property owners and landlords of Boca Raton apartment buildings are responsible for keeping their premises in a reasonably safe condition for tenants and visitors. A failure to remedy a dangerous condition on the property in a timely manner may constitute negligence if an injury results.
If you slipped and fell at an apartment building and were hurt, legal compensation may be available. After seeking medical attention for your injuries, the next step should be talking to a Boca Raton slip and fall lawyer at Kogan & DiSalvo. The initial consultation is free and an excellent opportunity to explore your rights for seeking personal injury damages.
Our veteran attorneys help individuals throughout Palm Beach County who were injured because of property owner or landlord negligence. Given the complexity of premises liability claims, it’s best to have an experienced Boca Raton apartment building slip and fall lawyer in your corner.
Boca Raton slip and fall in apartment building & landlord liability
Slip and fall accidents can happen in many areas of apartment complexes. Florida Statute 83.51 clearly outlines a landlord’s legal duty to maintain their premises. Apartment building owners and managers must comply with all health, housing, and building codes to ensure the property is safe.
The statute states that all structural components must be in good condition. This includes roofs, floors, windows, steps, exterior walls, porches, handrails, and foundations. The plumbing in apartment buildings must be in reasonable working condition, and all common areas must be cleaned of garbage and debris.
If a landlord is made aware of a hazardous condition – such as a broken stair tread or a plumbing leak – they are legally obligated to fix the problem within a reasonable time frame. In the event a landlord is unable to promptly address the hazard, he or she must give warning to tenants and guests about the issue.
There are some situations where an apartment building manager or owner may still be held liable for an injurious slip and fall accident, even if they were not made aware of the hazard. Your attorney must prove that the dangerous condition is one that the landlord should have known about through routine property inspections.
A serious slip and fall due to landlord negligence may seem straightforward, but these claims are rarely simple. At Kogan & DiSalvo, we are well-equipped to litigate premises liability cases, and have a thorough understanding of relevant statutes that can advance your claim. Our goal is to hold negligent parties accountable and recover the compensation to which you are rightfully entitled.
Tenant liability in apartment slip and fall claims
An apartment tenant may be responsible for a slip and fall injury under certain circumstances.
Consider the following scenario. You are invited to a friend’s apartment for dinner and slip on the bathroom floor, breaking your wrist while attempting to break the fall. The floor was slippery due to a leaking pipe under the bathroom sink. If the tenant had constructive knowledge of the plumbing issue but did not report it, fix it in a timely manner, or warn you about the potential danger, then they would have acted negligently.
The apartment lease contract will also have specific language regarding the property that is legally under the tenant’s control, rather than the landlord. Our lawyers can help you avoid costly mistakes when determining liable parties in any type of slip and fall accident claim.
Common slip, trip and fall hazards in apartment buildings
Landlord premises liability arises when dangerous conditions and potential slip and fall hazards are not addressed in a timely fashion. This can include, but is not limited to:
- Leak or spilled liquid that results in slippery walkway
- Broken staircases and defective treads
- Missing handrails
- Debris and clutter in stairwells or common areas
- Poor lighting in hallways, stairwells, and parking lots
- Broken tiles
- Worn or bunched carpets or rugs
- Uneven flooring surfaces
- Hazards or defects in the pool area
- Negligently designed ramps and sidewalks
- Absent markings on steps
Proving negligence in a slip and fall case
There are different types of evidence that our attorneys can use to establish negligence in slip and fall cases. Thorough investigations will often yield:
- Previous incidents of building violations and/or histories of slip and fall accidents
- Photos of the slip and fall hazard
- Repair logs of apartment building maintenance
- Statements from eyewitnesses
- Surveillance footage
- Written reports that the landlord/owner knew about the dangerous condition
In addition, our legal team may hire expert witnesses to substantiate allegations leveled in a claim. Your attorney may call upon medical specialists, building inspectors, or even accident reconstructionists to bolster your side of the story.
Common injuries in apartment slip and falls
Injuries that result from slip and fall accidents can be painful and costly to recover from. Older adults — those above the age of 65– are particularly vulnerable to suffering adverse health complications after falls. A fall will produce stressful force on the bones and ligaments, resulting in a wide range of injuries such as:
- Hip and pelvis fractures
- Slipped or herniated discs
- Soft tissue injuries to the tendons and ligaments
- Neck injuries
- Fractured vertebrae
- Concussions and other head injuries
- Spinal cord injuries
- Wrist, elbow, and shoulder injuries
- Muscle strains and contusions
Recoverable damages in slip and fall injury claims
Given the seriousness of injuries that often result after a fall, it’s not unusual for accident settlements to reach substantial sums. The amount of recoverable damages will depend on several variables, including insurance policy limits, but settlements will typically account for both economic and non-economic losses.
Your apartment building slip and fall lawyer will fight to secure maximum compensation for damages, including:
- Hospital and medical bills
- Physical therapy expenses
- Loss of wages and benefits
- Diminished earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of spousal consortium
- Permanent disability
Statute of limitations for filing a lawsuit
In Boca Raton and the entire state of Florida, slip and fall lawsuits must be filed within the applicable statute of limitations. Like any personal injury lawsuit based on negligence, a slip and fall action must be filed within two years from the date of the accident.
Do not jeopardize the success of your claim by waiting too long to take legal action. With each passing day, the availability and quality of pertinent evidence diminishes.
What to do after a slip and fall accident in Boca Raton
The actions you take immediately after a slip and fall accident can impact the outcome of your injury claim. For example, if you left the scene and waited a week before seeking medical treatment, the landlord or liable party will have grounds to dispute the validity of your allegations.
Follow these steps to protect your rights after falling and getting injured in an apartment building.
- Report the accident to the property manager or landlord
- Take pictures or video of the hazard that caused you to slip and fall
- Note the name and contact information of the individual who took your accident complaint
- Call 911 if you need emergency medical treatment
- Get the names and contact information of any witnesses
- Get a full physical check-up right away, even if you don’t have obvious injuries
- Take photos of the shoes you wore that day, and any bruises or lacerations that you suffered
- Call a slip and fall accident lawyer at Kogan & DiSalvo
Work with a skilled apartment accident attorney
If you were hurt in an apartment building slip and fall anywhere in South Florida, our attorneys can help you navigate the legal system. Please reach out to Kogan & DiSalvo to schedule a free, no-obligation consultation.