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Condominium & HOA

At Britto & Herman Injury Lawyers, we help individuals in Jupiter, Florida and all Florida counties seek appropriate compensation for their suffering and expenses after they have been injured on property associated with a condominium or homeowners’ association.

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Experienced Attorneys Seeking Compensation for Victims of Injuries Suffered on Condominium & HOA Properties Throughout Florida

When you suffer a painful or debilitating injury due to someone else’s negligence at a condominium or at a HOA-affiliated property in Florida, liability for your injuries and losses may lie with the condominium association, the HOA, or another party. Medical expenses for treatment and rehabilitation can quickly accumulate. If your injury leads to a reduced ability to work, this can further strain your financial situation. An experienced Condominium & HOA accident attorney at Britto & Herman Injury Lawyers can provide you crucial guidance and assistance by gathering necessary evidence, filing a claim to seek compensation for your losses, and negotiating with insurance companies on your behalf while you focus on your recovery.

If you were injured due to a condominium or Homeowners Association (HOA) accident in Florida, you face significant challenges that could include physical pain and suffering, as well as emotional distress that can affect your daily life. You may also face limitations in mobility, preventing you from performing basic tasks or enjoying activities you once did.

Let our attorneys guide you through the legal process, ensuring you understand your rights and options to seek the compensation you need for medical bills, lost wages, and other damages. Contact our experienced Florida condominium & HOA accident attorneys at Britto & Herman today to schedule a free consultation, where we will assess your unique injury case and devise your strategy for recovery.

Understanding Condo Associations, HOAs, and Liability for the Safety of Visitors on Their Premises in Florida

A Condominium Association is a legal entity created by the developer of a condominium project. Consisting of all the unit owners in the condominium, it is responsible for managing, maintaining, and operating the common areas of the condominium complex. Condominium associations can be subject to legal action involving a personal injury claim if they do not fulfill their legal duty to avoid dangerous conditions.

In contrast, a Homeowners Association (HOA) is an organization overseeing a subdivision or planned community of single family homes. HOAs have similar responsibilities to a Florida condominium association. HOAs have a duty to make and enforce rules for the common areas and their residents. Homeowners within the area are typically required to become members and pay dues used for maintenance and improvements. Your attorney can assess distinctions that may apply for unit tenants with a condo association, as compared or contrasted with rights, concerns, and steps for injury claims against homeowners associations in subdivisions or other types of planned communities of single family homes.

In Florida, both Condominium Associations and HOAs have premises liability responsibilities similar to other property owners. They have a duty to use reasonable care to keep their property free of dangers which could injure residents and visitors. Condo associations and HOAs, and their property managers, are legally responsible for ensuring the safety of the common areas they manage through reasonable care. If a resident or guest is injured due to unsafe conditions in areas owned or operated by a condo association or HOA, the association could be held liable for damages. Our trial attorneys previously spent many years defending Condominium Associations and HOAs from negligence claims, and we use our knowledge of the other side’s common tactics and strategies to help injury victims recover appropriate compensation. Let us assess your unique case during a free case evaluation.

Types of Injuries in a Condominium or HOA Injury Case

In condominium or Homeowners Association (HOA) accident cases in Florida, a range of injuries may occur:

  • Slip and Fall Injuries: These can involve broken bones, sprains, or even traumatic brain injuries if a person falls due to slippery surfaces or tripping hazards.
  • Swimming Pool Injuries: These could include drowning, near-drowning leading to brain damage, or injuries from slipping on wet surfaces around the pool.
  • Burns: These can occur due to faulty wiring, a fire in the building, or scalding water in common areas like bathrooms or kitchens.
  • Dog Bites: Injuries from dog bites can be severe, especially if the dog is not properly restrained by its owner.
  • Elevator and Escalator Injuries: These can range from minor bruises to severe injuries due to falls or malfunctions.
  • Cuts and Lacerations: These might be caused by broken glass in common areas, poorly maintained fences or gates, or other sharp objects.
  • Injuries from Falling Objects: Items falling from balconies or rooftops can cause serious injuries.

All these injuries can lead to significant medical expenses, pain, and suffering — and possibly lost wages due to time off work.

Condo Association and HOA Responsibilities for Safety

As part of their duty of care, Condo Associations and HOAs owe a duty of care to residents and homeowners. This means they are expected to take reasonable steps to ensure the safety of those within the community. A condo association or Homeowners Association (HOA) in Florida may bear responsibility for the safety of people on their properties in several ways:

  • Maintenance of Common Areas: The HOA or condo association is responsible for the upkeep and maintenance of common areas, including ensuring they are free from hazards.
  • Security Measures: While not wholly responsible for security, associations may be held liable for failing to establish and oversee appropriate security procedures.
  • Resolving Community Issues: Associations may face liability if they fail to take appropriate action to resolve general community safety issues.
  • Building Repairs: In the case of condominiums, the association is typically responsible for maintaining all aspects of the building, except for the personal property within individual units. Negligent building repairs can sometimes cause injuries to

However, the specific responsibilities of an HOA or condo association can vary depending on the terms of their governing documents and local laws.

Common Injury Scenarios at an HOA or Condominium Association that May Involve Negligence

In Florida, there are several common injury scenarios that may involve negligence on behalf of a condo association or an HOA:

  • Slip and Fall Accidents: These often occur due to wet floors, uneven surfaces, poor lighting, or other hazards in common areas that the association failed to address.
  • Swimming Pool Accidents: If a pool is not adequately maintained or lacks appropriate safety measures, it can lead to drowning or other injuries.
  • Dog Attacks: If an association does not enforce rules about pet restraint, it could be held responsible for dog bites or other injuries caused by dogs.
  • Poor Security: Associations can be found liable for injuries due to crimes that could have been prevented with appropriate security measures.
  • Faulty Elevators or Escalators: If these are not properly maintained, they can cause serious injuries.
  • Poor Lighting: Unlit or dimly-lit areas can cause individuals to trip and fall or collide with unseen objects.
  • Sidewalk Neglect: Cracks, broken tiles, tree roots, and uneven services can cause trip-and-fall injuries.
  • Parking Lots: Poor upkeep of parking lot surfaces can cause slips or trips.
  • Playgrounds: Unsafe or poorly maintained playground equipment can cause injuries.
  • Inadequate Maintenance of Common Areas: Neglect of these areas can lead to various types of accidents, such as those caused by falling debris or damaged infrastructure.

Proving Liability and Fault in Condo or HOA Negligence Cases

Under Florida law, to prove liability and fault in a condominium or HOA accident involving injuries, several elements must be established:

  • Duty of Care: First, it must be demonstrated that the condo association or HOA owed a duty of care to the injured party. This typically involves maintaining safe conditions within the common areas.
  • Breach of Duty: The injured party must prove that the association breached this duty by failing to take reasonable and ordinary care in maintaining safety. Breach of duty is required to prove negligence.
  • Causation: There must be a clear link between the breach of duty and the injury. It needs to be shown that the negligence of the association directly led to the accident.
  • Damages: Finally, the injured party must have suffered actual harm (physical, emotional, or financial) due to the accident.

In some cases, the condo association or HOA may share liability with another party, such as a contractor or an individual resident. Also, under Florida’s modified comparative negligence law, if the injured party is found to be partially at fault for the accident, their compensation may be reduced proportionately — and individuals determined to be over 50% at fault cannot seek financial compensation for their injuries.

What To Do Following a Condominium or HOA Accident

If you’ve suffered an injury at a Florida condominium or HOA property, there are several steps you should take to protect and pursue a strong injury claim:

  • Report the Accident: Inform the HOA or property management company about the incident as soon as possible. This helps establish a record of the event.
  • Collect Evidence: Document the conditions that led to your accident. This could include taking photographs or videos of the area where you were injured.
  • Seek Medical Attention: Even if your injuries seem minor, it’s important to see a doctor. A medical professional can assess your injuries and provide documentation that can be crucial to your case.
  • Contact Your Insurance Company: Notify your insurance provider about the incident and start the claims process.
  • Consult an Attorney: An experienced personal injury lawyer can guide you through the complex legal process, help you understand your rights, and work to ensure you are seeking the compensation you need.
  • Keep Records: Maintain records of all expenses related to your accident, including medical bills, loss of earnings, and any other costs incurred due to your injury.

How a Lawyer Can Help You Following a Homeowners’ Association or Condominium Association Accident

A Florida personal injury lawyer can provide invaluable assistance to someone injured at a condominium or HOA property. The following are some important benefits an experienced attorney at Britto & Herman can provide in relation to your injury claim:

  • Evaluating the Case: Your lawyer can assess the details of the accident, the extent of the injuries, and the potential for a successful claim.
  • Gathering Evidence: Your lawyer can help gather crucial evidence to support your claim, including photos, witness statements, and medical records.
  • Negotiating with Insurance Companies: Our lawyers are skilled at negotiating with insurance companies to seek fair compensation.
  • Navigating Legal Procedures: The legal process can be complex and confusing. Our experienced trial attorneys can guide you through each step, from filing the lawsuit to representing you in court if necessary.
  • Calculating Damages: Lawyers can help determine the full extent of your damages, including not only medical expenses, but also lost wages, pain and suffering, and other losses.

Our trial lawyers previously spent years defending condominium associations and homeowners’ associations in negligence claims, but now we fight for people who have been injured in these incidents. Due to our experience on both sides of these types of cases, we have developed strong insights into how these claims are investigated and evaluated by insurance companies and their employees. We use this knowledge in our strategic efforts to help victims injured on Condo Association and HOA premises.

Starting with a free initial consultation is an excellent way to begin pursuing your recovery. Let’s discuss your case so you can understand your legal options and determine your right course of action.

Schedule a Free Case Evaluation Today with Britto & Herman Injury Lawyers to Explore Your Florida Condominium or HOA Accident Case

At Britto & Herman, we prioritize seeking justice for accident victims and their families throughout Florida. If you were injured on property associated with a condominium or an HOA, then you need guidance to seek appropriate financial compensation under Florida law in order to address your medical care and expenses, lost wages, pain and suffering, and other damages. Our legal team is prepared to help you strategize your next steps to pursue recovery. We serve residents in all Florida counties.

Contact us today at our Florida law firm to schedule a free case evaluation and discuss your condominium association or HOA accident injury claim with one of our skilled and knowledgeable personal injury lawyers by calling (561) 835-5555(561) 835-5555 or filling out our online form. Let us advocate for your rights.

Our dedicated team has recovered millions for Florida residents through accident claims for personal injuries. Unlike many other Florida personal injury law firms, we are well-prepared to pursue a personal injury lawsuit in court if it is necessary. We are available 24/7 to fight for you.

The Voice for Florida Injury Victims

Frequently-Asked Questions Regarding Condominium & HOA Accident Claims in Florida

Can I sue my condominium association or HOA for negligence in Florida?

Yes, you can sue your condominium association or HOA for negligence if you were injured due to their failure to maintain common areas or amenities. An experienced condominium & HOA accident attorney can assess your unique case.

What types of injuries are common in Florida condominium and HOA accidents?

Common injuries include slip and fall injuries, injuries from faulty amenities, and injuries due to poor security measures. The HOA or Condominium Association may be responsible under Florida’s premises liability laws. It is wise to discuss the details of your case with a Florida injury attorney who is experienced in these types of cases.

Who can be held liable in a condominium or HOA accident case in Florida?

The condominium association, HOA, property management company, or another party whose negligence contributed to the accident may potentially be held liable. Discuss the details of your case with your attorney to determine the right path for your injury claim.

What kind of evidence do I need to collect to prove negligence in a Florida condominium or HOA accident case?

Evidence can include photographs of the hazardous condition, maintenance records, and testimonies from safety inspectors or eyewitnesses. Coordinate with your attorney to identify and secure evidence pertinent to your injury claim.

Can I sue if I was injured in a common area of my condominium or HOA property in Florida?

Yes, you can sue for injuries that occur in common areas, as these areas are typically the responsibility of the condominium association or HOAs.

What are some examples of condominium and HOA negligence case scenarios in Florida?

Cases involving injuries on Florida HOA or Condo Association premises could include slip and fall accidents due to unlit staircases, injuries from neglected amenities, assaults due to inadequate security, or a variety of other scenarios. Discuss the circumstances surrounding your injury with an experienced Condominium & HOA accident attorney.

What are common causes of condominium and HOA accidents in Florida?

Some common causes contributing to dangerous circumstances on HOA or Condominium Association properties could include failure to conduct regular inspections, poor maintenance of common areas and amenities, or inadequate security.

$1,900,000.00

Auto Accident
Palm Beach County

- 2023 -

$950,000.00

Auto Accident
Palm Beach County

- 2023 -

$662,500.00

Slip and Fall
Palm Beach County

- 2022 -

$625,000.00

Auto Accident
Palm Beach County

- 2024 -

$530,000.00

Trip and Fall
Palm Beach County

- 2021 -

$400,000.00

Trucking Accident
Palm Beach County

- 2023 -

$375,000.00

Auto Accident
St. Lucie County

- 2023 -

$360,000.00

Auto Accident
Pasco County

- 2023 -

$330,000.00

Premises Liability
Palm Beach County

- 2023 -

$325,000.00

Motorcycle Accident
Broward County

- 2021 -

$300,000.00

Auto Accident
Palm Beach County

- 2023 -

$250,000.00

Auto Accident
Palm Beach County

- 2023 -

$225,000.00

Bicycle Accident
Palm Beach County

- 2023 -

$210,000.00

Auto Accident
Palm Beach County

- 2022 -

$200,000.00

Auto Accident
Martin County

- 2022 -

$360,000

Auto Accident
Palm Beach County

- 2024 -

Questions or Schedule An Appointment? Call Us: (561) 835-5555

Questions or Schedule An Appointment? Call Us: (561) 835-5555

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