Building Code Violations

Florida’s Building Code puts in place certain minimum requirements in an effort to ensure that structures are safe for people who inhabit or visit them. If an owner or occupier does not keep its building up to code, Building Code violations may cause serious injuries when buildings fall into disrepair or are not structurally sound. The Miami premises liability attorneys at the Law Offices of Robert Dixon help people who have been injured by an unsafe building that has not been maintained properly. Our firm advocates for clients throughout the South Florida area, including in Miami, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties.

Often, these types of actions require a detailed investigation into the root cause of an individual’s injury while on another party’s property. Using their experience in this area, The team can assist in that process. If you have been injured due to hazardous conditions, contact our office today to schedule a free consultation to find out more about your legal rights.

It is not easy to detect a Building Code violation just because a danger exists. A fall due to tripping on uneven ground or a faulty stairwell may seem to just be something that “happened” rather than a result of a certain violation. But there are ways to determine whether violations are present. Some common types include:

• Escalators or elevators that have not been inspected in over a year, or for which no indication of inspections is posted;
• Broken or jagged steps;
• Missing handrails near stairs or ramps;
• Insufficient lighting in stairwells; and
• Absence of mats to avoid slipping during rainy weather.

In addition to Florida rules, local and national guidelines are in place to ensure that buildings are designed and constructed properly. Standards apply to the materials that may be used, in addition to requirements concerning plumbing, electrical, and mechanical systems. When a building contains a structural defect, faulty electrical work, or inadequate lighting in certain areas or near exit signs, among other issues, serious injuries may result.

If a building is not built or kept up according to code, victims who are injured due to the hazards that result may file a premises liability claim against the responsible parties. Under Florida law, business owners owe patrons a duty to keep their property reasonably safe from hazards, and they must conduct regular inspections for any dangers. These owners, or an occupier of a building like a lessee, may be held liable for injuries caused by dangers that are known or that should be known upon regular inspection. For example, if a building’s owner fails to set up the required yearly inspections on an elevator, and because of a missed inspection, the elevator malfunctions and injures a victim, the owner may be held responsible for the damages incurred.

For a victim to receive compensation for an injury linked to a Building Code violation, they must show causation between the violation and the harm that resulted. If a landowner takes remedial action to fix a violation, it may not be used as evidence of neglect in a premises liability lawsuit. However, a Building Code violation citation itself may be used as evidence regarding an owner or occupier’s knowledge of a danger.

Because of the complex nature of lawsuits associated with Building Code violations, it is important to make sure that proper documentation and records are collected following an accident. The Miami lawyers at the Law Offices of Robert Dixon assist people in all stages of a premises liability case. If you have been hurt on another party’s property, call 877.499.4878 or contact us online to set up a free, no-obligation consultation with an injury to discuss your case.