Articles Posted in Premises Liability

Florida’s Third District Court of Appeals handed down a ruling against a condominium association who failed to repair a buckled section of carpet in a common area of the condominium. The injured plaintiff and other condominium owners had repeatedly complained to the Board of Directors of the Association about the carpet, but the Association did nothing to remedy it. It was known that the carpet buckled especially after a cleaning while still wet.

The injured owner sued the Miami-based Association for failing to repair the carpet. She suffered injuries to arm, hand, and neck. The Association moved for summary judgment, alleging that there was no valid claim as the buckled carpet was an “open and obvious” hazard. The trial court agreed with the Association, dismissing the injured owner’s claim. The injured owner appealed, arguing that Association was under a duty to maintain the premises in a reasonably safe and serviceable condition for the residents, thus still responsible for repairing the carpet in the common area.

The Florida Court of Appeals looked to a previous decision, Kopf v. City of Miami Beach, 653 So. 2d 1046 (Fla. 3d DCA 1995). This case had similar facts, where the injured sued the City of Miami Beach after she tripped on a portion of sidewalk that was cracked and deteriorated. The City, like the condominium association, claimed that the danger was open and obvious, and the trial court precluded the plaintiff from suit. The Court of Appeals reversed the trial court’s ruling, stating that there were issues of negligence, comparative negligence, and causation which can only be resolved by the jury. The court did not feel that a landlord should be shielded from their duty and liability for their negligence, simply because the hazard could be seen.

In another case, Lotto v. Point East Two Condominium Corporation, Inc., 702 So. 2d 1361 (Fla. 3d DCA 1997), the injured tripped on a cracked sidewalk attached to the condominium complex. The injured sued, alleging that the association failed to warn of the dangerous condition and neglected to maintain the premises in a safe condition. The Court of Appeals thought the obvious danger did not merit a duty to warn, but the association was still under a duty to repair the sidewalk.

Ultimately, the Court of Appeals ruled that the condominium association had a duty to maintain the premises, but questions of comparative negligence by the injured remained. The court determined that the question of whether the injured plaintiff was also negligent should be given to a jury since she chose to repeatedly frequent an area that had an open and obvious danger. While the appellate court believed that the condominium association had a duty to repair, the court suggested that the injured plaintiff may also be found negligent, thus potentially reducing the association’s liability and obligation to make the injured plaintiff whole. In Florida, if a plaintiff is found comparatively negligent, but the defendant mostly negligent, the plaintiff may still recover, but the amount of recovery is reduced by the percentage of the plaintiff’s negligence.

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Recently in Florida, three people were shot while walking in an apartment’s public space by an unknown number of suspects. Two of three died from their injuries and one remained wounded. The apartment is in a gated residence. Crime in apartment complexes or other public spaces are common, and accountability and relief does not just come from the perpetrator of the crime, but from the owner of the premises.

A landlord can be held liable for a crime that occurs on his or her property by a third party if the crime is considered foreseeable and if the crime would have been considered preventable, had the owner put certain precautions in place. Much of the liability hinges on the relationship of the owner to the person injured on the property. If the injured party was a tenant or a guest of the tenant, or someone else invited onto the property by the owner, then the landlord has a duty to maintain a reasonably safe condition. They must also warn of any dangers that these same parties may not know themselves. However, if the people on the property were not invited, then the landlord does not have a duty to guard against third party crimes.

Florida courts have considered what is foreseeable. If other prior crimes of a similar nature have occurred on the premises, then that type of crime is considered foreseeable. (See Prieto v. Miami-Dade County, 803 So. 2d 780 (Fla. 3d D.C.A. 2001)). Also, if the area is a “high crime” area, where similar crimes occurred in temporal and geographic proximity to the apartment, then liability for a crime on the premises could be created.

Some Florida courts have extended beyond similar crimes or crimes that have occurred in a specific geographic proximity. The Fourth District Court of Appeals has allowed evidence of dissimilar crimes and the Third District allowed evidence of crimes in an area outside of the premises so long as they weren’t ‘substantial distances away’. (See Holiday Inns, Inc. v. Shelburne, 576 So. 2d 322, 331 (Fla. 4th D.C.A. 1991) and Lomillo v. Howard Johnsons Co., 471 So. 2d 1296, 1297 (Fla. 3d DCA 1985).)

Landlords are liable for accidents and injuries beyond criminal acts that occur on the premises. If an accident occurs because of damaged property or negligently maintained structures, then the landlord is also liable to any occupant or other invited guest. A landlord must maintain safe and healthy premises, and should not leave common spaces in disrepair. Poorly lit hallways or slippery stairs may contribute to a fall which can lead to expensive medical care.

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