Can You Sue a Landlord for Personal Injury in Florida?

10 September 2015
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Do you rent a residence in Florida, and have you been injured on that property? If so, you may be wondering whether you can contact an accident attorney and sue the landlord for personal injury. It all depends on the type of injury and the circumstances in which it was sustained. Florida law tends to favor the landlord in a lot of ways, but it does have some specific items that pertain to tenants and injuries. These protections mainly apply to people renting residential properties. There are not as many protections for commercial tenants renting a business property, except in the case of mold.

Here are three types of injuries that are eligible for suing your landlord for under Florida law.

1. Negligence

If there is a hazard on the property where you live, such as a loose brick on a stairway or a large tree branch hanging over the roof, your landlord is responsible for fixing it, because it is something that could cause an injury. If your landlord knows the hazard is there, he or she must fix it.

If the hazard is not fixed and you or someone on your property gets injured because of it, such as tripping on the loose brick or being hit by roof debris if the branch crashes through the ceiling, then you can sue your landlord for a negligence injury. However, you can only sue if your landlord was aware of the hazard and willfully did nothing to fix it before someone was injured.

2. Mold

This is a common reason for suing a landlord in Florida. The hot, damp conditions in the state during much of the year are a haven for mold of all kinds. Some molds can be toxic and cause serious injuries to people who are exposed to it. Other types of mold may not be toxic, but can still cause problems for people who are allergic to molds of all kinds.

The law in the state requires landlords to clean up any mold on a property. They are supposed to remain constantly aware of the conditions on their property so they can take care of any mold issues right away. However, if the tenant discovers the mold first, it is their responsibility to inform the landlord. Any delay in informing the landlord that results in injury could prevent the tenant from suing. If the landlord did know and did nothing, which resulted in injury, then a lawsuit is definitely something a tenant is entitled to bring.

3. Certain Animal Bites

If you live in a multi-family building, this may apply to you. Other people in the building may own pets. If the pet of another resident bites you, you can sue the owner for personal injury. You can also sue the landlord for personal injury if the landlord knew the animal was likely to hurt someone and took no measures to keep the other tenants safe. This is particularly true for dogs, but can apply to any animal kept as a pet by another family in the building.

When you sue your landlord, your accident attorney will make sure you have all the proof gathered you need to prove your case. If you win your case, which a good accident attorney will make every effort to ensure you do, you can be rewarded with not having to pay rent until the problem is fixed, as well as with monetary damages to you for your injuries, pain, and suffering. If you have been injured on your rental residence for any of the above reasons in the appropriate circumstances, contact an accident attorney today to get your lawsuit started.


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