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What If I’m Injured At My Condo?


For many people buying a condo just makes a lot more sense. If you’ve got a busy life in the middle of downtown where space is at a premium, or you’re enjoying the retired life and don’t need the space to raise a family, the condo is an ideal residential solution. It means you have a space that you own, however, you also enjoy living in a complex that is often protected by security for added safety, and is also maintained by a home owners association, or other condo management company that takes care of problems like electricity, cleaning common areas, or ensuring that features like the pool or gym are in working order.

For residents, this means that the money you invest both in the condo and the maintenance of its infrastructure are a legally binding contract. You are, in a sense, a customer in your own home, and that means that the people you are paying money to every month have a contractual and legal obligation to “hold up their end of the deal” and make sure you are living in a safe, well maintained space.

Sometimes, unfortunately, this doesn’t happen. Sometimes, even though you pay your HOA money every month to ensure your home is taken care of, things will go amiss, and in some very sad cases, this can even result in injury. Normally, when you are injured in your own home, as the only person financially responsible for its maintenance and upkeep, you have no one to blame or answer to but yourself.

But what happens when you live in a condo and an injury occurs in one of the common areas? That’s not where you eat, sleep and enjoy your life, but it’s still part of your home. Is the HOA responsible then?

The answer is “Yes,” and we’re here to explain how negligence resulting in personal injury deserves the guidance of an accident attorney to make sure the right people answer for this mistake.

Your Environment Should Be Safe

Both condominiums and apartment complexes have “common areas” that connect individual residences within a building. Hallways, stairwells, and larger lounge, pool or other outdoor or semi-public spaces are all parts of the building that are not your responsibility to maintain. Your monthly maintenance ensures that the housing association or condo management are supposed to keep these areas both clean and properly functioning.

Of course, theory and practice don’t always match up, and there may be instances where the monthly maintenance you dutifully pay out every month isn’t being used in your best interests. There have been instances where stairwells—likely due to the general lack of popularity when elevators are available—haven’t been clearly lit, with maintenance thinking it was “unimportant” or “low priority” until an accident causes someone to slip and fall down the stairs, resulting in an injury.

There have also been examples of poor design, such as pipes that flush laundry water being set right into a wall that is open to a common area walkway. With the wrong timing, someone walking past can either get hit with water, or even slip on the tile that has recently been wet and fall, resulting in an injury.

There have even been cases where a bench which was supposed to have been solidly fixed to the ground, wasn’t. When a child played on the bench, he broke his upper arm, and this was not the fault of the parent or the child, since the bench itself, according to management, should been attached to a base.

A Lawyer Can Help

If you sustain an injury in the public areas of your own condo or apartment, a slip and fall lawyer will be more than happy to take your case. You’ve completed your financial obligation by paying your monthly maintenance. If you receive an injury despite that, it means someone is not doing their job, and that negligence has resulted in a completely unacceptable mishap.

If this should happen to you, the first thing you should do is take care of yourself or the injured party. Medical care always comes first. However, you should also consider taking as much photographic evidence as possible. This is especially in true in cases like wet tile, where the evidence can simply dry out with time. Once you are ready, an accident attorney or a specialized slip and fall lawyer should be one of the first people on your list you should think of contacting. Negligence is a serious violation in public spaces, but it is even more serious in housing situations where you are actually paying money to an HOA or management group to take care of issues of cleanliness and safety. A slip and fall lawyer will ensure you get the justice and financial compensation you deserve when someone abuses your trust and takes your monthly maintenance without actually maintaining anything.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

What If I’m Injured At My Condo?

Goldman Babboni Fernandez
Murphy & Walsh




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