Get insights on common injury scenarios, proving negligence, actual case examples, and the compensation you can recover.
Were you physically injured at a Florida rental property?
If your landlord knew about a dangerous condition and failed to fix it, you may have a personal injury claim. Call Alan Sackrin for a free consultation.
Many apartment complex slip and fall accidents occur as a result of the landlord’s negligence. Often it is the landlord’s failure to maintain their property and address conditions that they knew about or should have known about that leads to these accidents. When an accident does happen, the tenant victim or their guests must deal with the stress of recovery: the pain of the injury, mounting medical bills, lost wages, and dealing with the landlord and their insurance company.
Not every slip and fall injury results in a valid claim for damages. A tenant must be able to show that the landlord failed to use reasonable care in order to collect compensation. In other words, the tenant has to build a “prima facie” case of negligence.
Key Insights for Landlord Caused Slip and Falls
The following common injury scenarios come directly from the emails, online chats, and calls received from clients and visitors over the last several years:
- Unfixed leaks leading to slippery surfaces. Tenants frequently report falling due to leaks from roofs. Landlords often delay repairs, leaving water to accumulate and creating hazardous conditions.
- Unsafe stairs without proper rails. Falls on stairs are a common problem, especially when landlords fail to install or maintain handrails. Missing or loose handrails increase the risk of serious injury.
- Negligence with construction debris. Tenants fall over debris left improperly during renovations or maintenance, leading to painful injuries and ongoing safety risks.
- Slippery floors from poor maintenance. Landlords who neglect hazards like polished or damaged flooring, wet tiles, or loose carpets leave tenants vulnerable to falls and injuries.
- Defective outdoor areas. Broken steps, uneven driveways, slippery parking lots, poorly maintained entryways, and hidden hazards such as holes in the ground covered by grass are a top source of complaints. Many tenants sustain serious fractures or torn ligaments from these exterior conditions.
- Refusal to fix known hazards. Numerous tenants report landlords ignoring repeated requests for repairs even when unsafe conditions are well-documented or observed firsthand by the landlord.
- Delayed or limited emergency repairs. Tenants often deal with landlords postponing urgent fixes, leaving water accumulating from leaks or broken structural elements that lead to accidents.
- Insufficient safety protocols for shared spaces. Falls in common areas due to wet floors, unsecured rugs, or poor lighting highlight landlords’ negligence in ensuring shared spaces are safe.
Proving Fault and Negligence
A tenant must produce admissible evidence to show how the fall was caused by the landlord’s negligence in maintaining the building. A landlord has a legal duty to provide the tenant with a safe place to live. If a breach of that duty caused the tenant’s injuries, the tenant can recover damages.
Evidence used to prove landlord negligence includes:
- Witness statements
- Past incident history at the property, including other tenant slip and falls
- Photographs of the scene and the hazardous condition
- Police reports
- Surveillance camera footage
- Proof that the landlord knew or should have known about the dangerous condition
- Foreseeability of the hazard
Landlord’s Duty to Maintain the Property Under Florida Law
Florida’s premises liability law requires landlords to maintain their rental property and protect tenants and their guests from harm. Landlord duties include:
- Abiding by all applicable housing codes, including state, city, and county codes
- Fixing dangerous conditions in a reasonable amount of time once discovered or once the landlord should have known
- Responsibility for leaky roofs, broken or missing handrails, anti-slip materials on steps and pool areas, properly affixed carpets, cracked sidewalks, parking lot wheel stops and speed bumps, and other common slip and fall hazards
Case Examples: Tenant Suing a Landlord for a Slip and Fall
Tenant Falls Down a Back Stairway She Knew Was Defective
Gonet v. Evans, 66 So.2d 53 (Fla. 1953)
Annette Gonet lived on the second floor of an apartment building. The back stairway was outside and exposed to weather. Each landing had a rubber mat. The rubber mat was not properly fastened to the landing, which Gonet knew. After rain the previous night, Gonet fell when the mat slipped from beneath her feet. The court held the landlord was not liable because Gonet knew the stairway was wet and the mat was not fastened, yet chose to use it rather than the front stairway, which was available. Her injury was not proximately caused by the landlord’s negligence.
Tenant Found Negligent for Using a Poorly Maintained Stairwell
Roberts v. Burkette, 245 So.2d 134 (Fla. 1971)
85-year-old Maude Roberts lived in an apartment building for approximately two to three years. The stairway was not properly maintained and included a handrail that ended before the last step with a slippery ornament that could not be easily grasped. When she sued her landlord, the court found Maude was guilty of contributory negligence as a matter of law because there were no facts in dispute and she knew about the dangerous condition of the stairway.
Can the Tenant Be at Fault?
Apartment falls result in all sorts of injuries, from minor sprains to serious fractures to hands, wrists, and hips, and even head trauma or death. When a slip and fall happens in a rental property, one of the main issues is who was at fault and whether the tenant shares in that fault.
Not all slip and fall accidents result in 100% liability for the landlord. Florida follows a modified comparative negligence system. Fault is apportioned between the landlord and tenant. A tenant’s compensation will be reduced by their percentage of fault. However, if the tenant bears more than 50% of the responsibility, they cannot recover from the landlord at all.
Additional hazards where the landlord may bear responsibility include:
- Floors with heavy amounts of water or slippery substances
- Debris on sidewalks
- Improperly designed sidewalks, ramps, and curb cuts
- Broken stairs, inadequate or missing stairwell lighting
- Missing or broken handrails
- Building code violations
- Improper or missing markings on steps and in parking lots
- Pool area debris and slippery surfaces
- Fallen tree limbs and hidden debris in un-mowed grass
- Oil leaked from vehicles onto driveways or garage floors
- Wet leaves accumulating on sidewalks
Quick Tip: The average slip and fall settlement is $30,000. Cases involving surgery or permanent injury recover significantly more.
Does Renter’s Insurance Cover Slip and Falls?
Even though most tenants get rental insurance to cover theft or burglary, some policies may cover injuries caused by a landlord’s negligence, including slip and falls in areas where the landlord is obligated to maintain the premises. Alan can help you evaluate what coverage applies to your situation.
What Damages Can a Victim Recover?
If a tenant is hurt in a slip and fall at their apartment complex and the injuries are significant, the tenant can recover both economic and non-economic damages.
Statute of Limitations: Time Limit to File a Claim
In Florida, slip and fall claims must be filed within a certain time or the claim is permanently barred. Under Florida Statute 95.11(3)(a), any action founded on negligence must be filed within two years from the date of the slip and fall. If a lawsuit is not filed before that deadline, a judge has the power to dismiss it entirely. Do not wait to get legal advice.
What Should You Do After a Rental Property Slip and Fall?
When a tenant has a personal injury claim against a landlord, the landlord is not always the only party who can be held responsible. Maintenance companies, landscapers, cleaning services, and delivery services may also bear legal responsibility. After seeking medical attention, you should:
- Report the accident to the landlord immediately and get it in writing
- Photograph the hazardous condition before it is repaired or altered
- Collect names and contact information of any witnesses
- Keep every medical bill, receipt, and record related to the injury
- Write down a diary of how the injury has affected your daily life
- Review your lease to identify all parties who may bear responsibility
- Call Alan Sackrin before speaking with the landlord’s insurance company
Insurance adjusters are trained to minimize claims. Any statement you make can and will be used to reduce or deny your recovery. Alan can handle all insurance company contact on your behalf from day one.
