Depending on the circumstances, you may be able to file a personal injury lawsuit against your Florida landlord if they neglected to take care of the property. These cases can be very complicated, often turning into your word against the landlord’s. A Florida personal injury lawyer from Lytal, Reiter, Smith, Ivey & Fronrath discusses what laws may apply to the question, “Can I sue my landlord for personal injury in Florida?”
Is a Florida landlord legally obligated to keep people safe on their property?
Under Florida law, landlords are obligated to keep all properties rented to tenants (except mobile homes) in working order according to all building codes. They should ensure the following:
- The premises are free of pests and garbage.
- Common areas are clean and safe.
- Tenants have locks and keys in working order.
- All facilities have heat and running water.
- All units and common areas have smoke detection units.
If the landlord fails to maintain the property and you suffer personal injuires as a result, you may have grounds to sue them. The landlord has a duty of care to you as a tenant and to others who are on the property. These cases often rely on collecting robust evidence to show who is to blame.
Who can sue a landlord under premises liability law in Florida?
Every property owner in Florida owes a duty of care to both tenants and the public to prevent and fix any dangerous condition on their premises. Florida’s premises liability laws apply to stores, buildings, outdoor venues, and rental properties. If you have legal permission to be on the grounds, the landlord must ensure you are safe.
There are three kinds of status for being on a property: invitee, licensee, and trespasser. Tenants are considered invitees since they have a direct purpose for doing business with the landlord by renting a place to live. Licensees might include building or repair contractors. Landlords don’t owe trespassers a duty of care, but they aren’t allowed to hurt anyone on their property intentionally.
Under the right circumstances, anyone who is hurt on another person’s property has the right to sue if the landlord fails to prevent their harm. Filing a lawsuit for a landlord’s negligence often requires guidance from skilled injury attorneys who understand a landlord’s liability for injuries on the premises.
How long do I have to file a lawsuit against my landlord?
When a landlord ignores a safety or health issue for a long time, it may take months or even years before you are injured. For example, if the landlord fails to repair a termite problem, you could be hurt when a wall or beam collapses. If the infestation had been going on for years, you might find reports from other tenants or photos showing the neglect.
However, this doesn’t mean you have very long to take action. As soon as you have received medical treatment for your injury, it’s time to contact a premises liability lawyer to discuss filing a lawsuit. Under Florida law, you only have two years to initiate the process.
Who can help me sue my landlord for personal injury in Florida?
Turn to the law firm of Lytal, Reiter, Smith, Ivey & Fronrath to discuss how you were hurt and potential landlord liability. We are ready to help those living in rental properties across Florida get the justice and compensation they need when a landlord knew about a hazard but failed to fix it.
Use our online contact form or call us at (561) 655-1990 to arrange a free consultation with a Florida personal injury lawyer today.
