Defective Property Conditions

Dangerous or defective property conditions on someone’s property can lead to accidents and serious injuries for visitors. Property owners are responsible for accidents that are caused by defective or dangerous conditions, whether they occur at a commercial building, at a residence, or on public property. The Miami slip and fall attorneys at The Law Offices of Robert Dixon have years of experience assisting those injured on someone else’s property in pursuing compensation. Serving clients in Broward, Miami-Dade, and Palm Beach Counties, as well as throughout Florida, we can help you determine what legal action you need to pursue and who may be responsible for compensating you for your injuries.

Based on where an accident occurs, multiple parties may be liable for injuries caused by defective property conditions. These include:

• Floors or sidewalks that are uneven
• Defective steps or stairs
• Pool defects
• Substandard construction or building materials
• Lack of security

An owner or occupier of a property has a legal duty to anyone who enters the premises to ensure that those people are not at an unreasonable risk for injury due to the property’s design, construction, or condition. The owner has an obligation to maintain the property in a safe condition and fix any defects, even if they are obvious. For example, a store owner may be liable when a customer is injured while trying to use a faulty handrail that the owner failed to repair.

Since Florida is a comparative negligence state, compensation is available to people whose carelessness has partly caused their injuries. If a handrail breaks and harms a customer who was trying to slide down it, the owner may not be fully responsible. But a court could issue an award of damages in proportion to the defendant’s degree of fault.

In accidents involving defective property conditions, other parties may also be responsible to compensate a victim. Often the owner and the occupier of a property are different individuals, such as a business leasing space for a retail store. Different rules govern different types of property, as well as who may be held liable for damages in a negligence lawsuit.

For injuries sustained at a store or other business, liability may be determined by where the accident happened and what the lease states. For rental properties, responsibilities are usually divided between landlords and tenants. Generally, the landlord would be responsible for all areas outside the unit and any immovable fixture, wall, floor, or appliance inside an apartment. A tenant would be responsible for any objects or movable items inside the unit. However, if tenants know about a defect inside the apartment, such as a loose fixture, and do nothing to rectify it, they may also be held legally responsible for any injuries that result.

Determining who may be liable for your injuries from a defective property condition may be complicated. In these cases, it is important to consult an experienced attorney who can examine the details of your case and file claims against the appropriate parties.

If you’ve been harmed by a defective condition on someone else’s property, contact the Miami premises liability attorneys at the Law Offices of Robert Dixon. Once we learn about your situation, our staff can help determine who may be financially responsible to compensate you for your injuries, and take action to hold them accountable. Please take a moment to call 877.499.4878 or contact us online for a free initial consultation.