In Florida, the landlord, property manager, maintenance company, or the person responsible for construction of a rental property may be liable for injuries that occur on the property if the injury was caused by a party’s negligence. This means that if a party knew about a hazard or condition that posed a risk of injury, and failed to take reasonable steps to correct it, that party may be held responsible for any injuries that result.
For example, if a person slips and falls on a wet floor in a common area because the landlord or property manager failed to clean up a spill, the landlord or property manager may be liable for the person’s injuries. Similarly, if a person is injured due to a faulty piece of equipment, such as a broken staircase, the landlord or property manager may be liable if they knew about the issue and failed to repair it.
It is important to note that a tenant also has a responsibility to take reasonable care to avoid injuries. For example, if a tenant knew about a hazard, but failed to avoid it and suffered injury as a result, the tenant may not be able to recover compensation from the landlord. Additionally, if the tenant has control over the premises and another person gets hurt on that premises, the tenant may be liable for the injuries caused by the dangerous condition. In summary, property owners need to fix dangerous conditions or warn people about them, and tenants must not endanger their guests.
Keep in mind that, in this article, we will refer to the “landlord” as the potentially liable party, but as we’ve mentioned, other people may be liable for a person’s injuries on rental property.
What type of lawsuit do you bring if you're injured on rental property in Florida?
If you have been injured on a rental property in Florida, you may have a claim under the theory of premises liability. This is a legal theory that holds property owners and occupiers responsible for injuries that occur on their property due to hazards or dangerous conditions. There are many different types of premises liability cases. For example, premises liability covers injuries that occur in restaurants, stores, houses, pools, and parking lots.
Under premises liability, a landlord has a duty to keep their rental property in a safe condition and to warn tenants and other known visitors to the property of any hazards the landlord knows about or should know. If the landlord fails to do so, and you are injured as a result, you may be able to recover compensation for your damages under the theory of premises liability.
To succeed in a premises liability claim in Florida, you must show that the landlord had actual or constructive knowledge of the hazard or dangerous condition that caused your injury, and that the landlord failed to take reasonable steps to correct it. Below, we will talk more about the elements a plaintiff must prove to win a premises liability case in Florida.
What are the elements of a premises liability lawsuit in Florida based on an injury sustained on a rental property?
A premises liability lawsuit based on an injury sustained on a rental property involves several key elements that the plaintiff must prove to win the case. The specific elements the plaintiff must prove may vary slightly, depending on the circumstances of the case, but they generally include the following elements of negligence:
Duty of Care
The first element that must be proven is that the landlord owed a duty of care to the injured person. This means that the landlord had a legal obligation to maintain the rental property in a safe condition and to warn visitors of any known hazards.
Breach of Duty
The second element is that the landlord breached their duty of care. This means that the landlord failed to take reasonable steps to correct a hazard or dangerous condition that posed a risk of injury, or that the landlord failed to provide adequate warning of the hazard.
The third element is that the landlord's breach of duty caused the injury. This means that the injured person must show that the injury would not have occurred if the landlord had fulfilled their duty of care.
The final element is that the injured person suffered damages as a result of the injury. This can include medical expenses, lost wages, pain and suffering, and other forms of compensation.
Overall, if you’re going to succeed in a premises liability lawsuit based the injuries you sustained on a rental property, you must prove that the landlord (1) owed you a duty of care; (2) the landlord breached that duty; (3) the breach caused your injury; and (4) you suffered damages as a result.
How long do you have to bring a lawsuit for injuries sustained on a rental property in Florida?
In Florida, the statute of limitations for personal injury lawsuits, including those related to injuries sustained on a rental property, is generally four (4) years. This means that you have four years from the date of the injury to file a lawsuit in court. If you do not file your lawsuit within this time frame, your claim may be barred, and you may be unable to recover compensation for your damages.
You should keep in mind that the statute of limitations can be affected by various factors, such as the age of the plaintiff, the discovery of the injury, and the type of injury. It could also be different from state to state. Thus, it is always best to consult with an experienced premises liability lawyer as soon as possible after suffering an injury on another party’s property to ensure that your rights are protected and that you do not miss the deadline to file a lawsuit.
Contact an Experienced Florida Premises Liabiltiy Lawyer for Your FREE Legal Consultation
If you suffered injuries on a rental property in Florida, you should speak with an experienced Florida premises liability lawyer as soon as possible because you may be entitled to compensation. You can contact us online or you can call our downtown Orlando, Florida law office at (321) 352-7588 to schedule your consultation.
If you need a South Carolina premises liability lawyer, please don’t hesitate to reach out to us at (843) 638-6590. We have at least one lawyer licensed in Florida, Georgia, South Carolina, and North Carolina. Thus, if you’ve been injured in one of these states, we may be able to help. Please don’t hesitate to give us a call if you need us.