Plaintiff Wins $1 Million Against Neglected Condo

A South Florida plaintiff has recovered a $1 million settlement after he slipped and fell on the premises of an aging condominium. The case highlights the growing problem of aging buildings and the serious consequences that come from failing to maintain them. In the case of Martinez v. Washington Park Condominium Association, the plaintiff alleged that the horrendous conditions in the condo’s parking lot resulted in unsafe conditions that led to his slip and fall. According to the plaintiff’s attorney, there was a depression in the parking lot that pooled water, mold, and the parking lot was not painted or kept up.

The 40-year-old plaintiff worked as a butcher and welder. He alleged that he was trying to get into his car when he fell into the hole in the parking lot, severely injuring his ankle. The plaintiff required ankle arthroscopy to repair the damage to his ankle. Despite the relatively minor surgery, the injury prevented the plaintiff from doing his jobs, which were quite physically demanding.

Understanding slip and fall lawsuits in Florida 

Slip and fall lawsuits fall under the legal theory of premises liability. Landlords, homeowners, and proprietors are required to keep their premises in a safe condition to avoid potential injuries suffered by individuals who are invited onto their premises. In the case mentioned above, the plaintiff was a resident of the condo who fell in the parking lot and sustained a serious injury to his ankle. The plaintiff’s attorney was able successfully argue that the defendants knew about the dangerous condition and failed to remedy it. When such circumstances occur, it is usually a sign of a greater problem.

Paramount to proving a premises liability case is establishing that the defendant had foreknowledge of the dangerous condition. This means that the defendant either knew about the dangerous condition or should have known about the dangerous condition had they exercised ordinary care. In the case mentioned above, the defendant failed to exercise any sort of care to maintain the condition of the parking lot. The parking lot has a sizable pothole in it that caused the plaintiff to injure his ankle.

Defenses to slip and fall lawsuits 

In most cases, the defendant will blame the plaintiff for their own injuries. In a case like the above-mentioned, the defendant can claim that the dangerous condition was “open and obvious” and that the plaintiff should have seen it before stepping into it. Juries occasionally buy such arguments, but the duty of care falls on the condo owner to ensure that the premises are safe for the individuals who they rely on for their income. In this case, the insurance company representing the defendant saw fit to settle the case for a million dollars, largely due to the dilapidated conditions that were allowed to fester on their premises.

Talk to a Tampa, FL Slip and Fall Lawyer Today 

Florin Gray represents the interests of plaintiffs in premises liability lawsuits filed against negligent landlords, homeowners, or proprietors. Call our Tampa personal injury lawyers today to schedule an appointment, and we can begin investigating your claims right away.

Source:

law.com/dailybusinessreview/2024/12/18/aging-condo-neglect-leads-to-1m-payout-in-miami-beach-slip-and-fall/?slreturn=20250512154635