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APPELLATE COURT RULES THAT CONDOMINIUM ASSOCIATION IS NOT A LANDOWNER

The liability lawsuits of Florida premises usually depends on the relationship between the defendant and the plaintiff. This is because whatever duty is owed to a plaintiff by a landlord is dependent on the relationship between the reason why the plaintiff is on the property of the defendants and the parties involved.

A recent decision from an appellate court demonstrates how the inability of a plaintiff to prove that there exists a certain relationship between the defendant and herself might be fatal to her claim.

Facts

The plaintiff rented an apartment in the condominium complex of the defendant from the owner of the apartment. However, the plaintiff didn’t write any formally written lease agreement with the apartment’s owner. Rather, they both had the agreement orally.

During the plaintiff’s stay in the apartment, she was unsatisfied with the fact that the staircase that leads to her unit has very poor illumination and it lacks handrails. She told the association of condominium that the stairs’ condition is very unsafe for her and she asked the association do something about it and make it safer for her.

Later, she slipped and fell when she was coming down from the stairs, sustaining bruises as a result of the fall. A personal injury lawsuit was filed against the association of condominium and the company in charge for the maintenance of the complex by the plaintiff with the help of a personal injury attorney.

A summary judgment motion was filed by the defendants, asserting that according to the law, they can’t be held responsible for the injuries of the plaintiff because the plaintiff agrees to have knowledge of the unsafe condition of the stairs that lead to her injuries. As it is in the state law, if a plaintiff has little or more knowledge of a hazard, they are not allowed to file a lawsuit against the landlord. However, the exception to that is if the relationship between the parties was that of landlord and tenant.

This exception is known as the “necessity rule, ” and it permits a plaintiff that is injured by a hazard they have knowledge of to ask for compensation from the landowner if the hazard is encountered means of staying in the property. But this exception is only applicable on the basis that the plaintiff can prove that she was the defendant’s tenant. The appellate court resolved that the plaintiff didn’t show any evidence that the relationship of a landlord-tenant existed between the defendant and herself. Therefore, the necessity rule is not applicable to the case of the plaintiff.

Have You Had Any Injury In A Slip And Fall Accident In Florida?

If your loved ones or you have of recent had any injury in a slip and fall accident in Florida, you might have a monetary compensation entitled to you. All you have to is get a personal injury attorney in Florida.


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