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Spencer Morgan Law, Spencer G. Morgan, Attorney At Law Miami Personal Injury Lawyer
  • Call Now 24/7 for a Free Consultation
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  • Firm Direct Text 786-353-0688
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  • No Fees or Costs If No Recovery
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  • Toll Free: 866-667-4265
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  • En Español

Fort Lauderdale Rental Property Injury Lawyer

A railing gives way on an apartment balcony, a stairwell light has been out for months, or a landlord ignores a ceiling that has been sagging since the last storm, and suddenly a tenant or guest is hurt in a place the landlord controlled. Spencer Morgan Law handles injury claims for people hurt in Fort Lauderdale rentals and throughout Broward County, Greater Miami, and the State of Florida, and a Fort Lauderdale rental property injury lawyer has to work out early who actually owned, managed, and controlled the space where the injury happened.

That question is rarely simple. Rental housing in Broward often involves an out-of-area owner, a management company, a maintenance contractor, and sometimes a homeowners or condominium association, each with its own insurer and its own reason to point at someone else. Add Florida’s two-year negligence deadline and a rule that bars recovery for anyone found more than 50 percent at fault, and the decisions you make in the first weeks can shape the entire claim.

Where Rental Property Injury Claims Come From

Fort Lauderdale’s rental stock runs from older garden-style apartments and duplexes to high-rise condominium units rented out by individual owners, plus vacation rentals near the beach and the waterways. Hurricane season, salt air, humidity, and aging construction all take a toll on stairs, balconies, roofing, electrical systems, and flooring. A landlord who knows about a hazard, or should have found it through reasonable inspection, and fails to repair or warn about it can be responsible when someone is hurt.

The liable party is not always the person who collects the rent. Depending on the facts, a claim may reach the property owner, a property management company, a contractor who performed negligent repairs, a security provider, or an association that controlled common areas. Sorting out who had the duty to maintain the specific spot where you were hurt is the first real task in the case, and it often requires lease documents, maintenance records, and work orders that the other side would prefer not to hand over.

Why Choose Spencer Morgan Law for a Rental Property Injury Claim

Falls are a steady part of that work. The firm has recovered $850,000 in a slip and fall case, $485,000 in a fall at an apartment complex where construction was underway, $150,000 for a stairway fall, $150,000 for a fall linked to uneven flooring, and $50,000 for a child who fell through a faulty railing. Those results matter on a rental property page because they involve the same kinds of hazards that injure tenants and guests: stairs, railings, flooring, and neglected common areas.

Clients consistently describe the same things when they review the firm: frequent updates, prompt answers to calls and emails, and a lawyer who is personally involved. The firm keeps clients fully informed and gives each case personal attention, and Spanish-language services are available. Beyond the injury claim itself, the firm helps clients get needed medical care, resolve medical bills fairly, and sort out property issues that follow an accident. Consultations are confidential, and you pay nothing unless the firm recovers for you. Spencer Morgan and his team serve clients in Fort Lauderdale, across Broward County, in Miami-Dade, and statewide.

What to Do After You Are Hurt on Rental Property

Start with medical care, and do it quickly. Injuries from falls and structural failures often look manageable on day one and worsen over the following days. If your injury involved a car, a different rule applies: personal injury protection pays nothing unless you get initial treatment within 14 days of the crash. For a fall or other premises injury, there is no such rule, but prompt treatment still creates the medical record that links your injuries to the event. Be consistent when you describe what happened to every provider.

Document the hazard before it changes. Photograph the stairs, railing, floor, ceiling, or fixture from several angles, and capture lighting, weather conditions, and anything that shows how long the problem existed. Landlords commonly repair a defect within days of an injury, and once it is fixed the best proof of the condition is the evidence you collected. Save every written complaint you ever sent about the problem, including texts, emails, and portal submissions, because notice to the landlord is often the center of the case. Report the injury to the landlord or manager in writing, keep a copy, and avoid giving a recorded statement to any insurance adjuster before you have talked to a lawyer.

Pay attention to your own conduct, because Florida now bars recovery entirely for a plaintiff found more than 50 percent at fault, and reduces recovery proportionally at 50 percent or less. Insurers for property owners lean on this rule, arguing that a tenant should have noticed the hazard, wore the wrong shoes, or was distracted. Do not guess at fault when speaking with anyone. Medical bills raise their own issue: if a provider treats you in exchange for payment from your eventual settlement, Florida law requires disclosure of that arrangement, including who referred you, before those expenses can be claimed. Your lawyer should help you choose how treatment is paid for before those arrangements are made.

Suits over these injuries in Broward are filed in the Seventeenth Judicial Circuit, which sits in Fort Lauderdale and serves Broward County. Smaller claims can land in county court, but a serious injury case with significant medical expenses generally belongs in circuit court. Appeals from Broward go to the Fourth District Court of Appeal.

Key Types of Rental Property Injury Cases

  • Stairway and Railing Failures: Rotted treads, loose handrails, missing balusters, and poor lighting in exterior stairwells are common in older Broward apartment buildings. These cases often involve fractures and spine injuries, and the maintenance history frequently decides them.
  • Balcony and Walkway Collapses: Salt air and moisture corrode fasteners and wood framing, and a landlord who skipped inspections may be responsible when a balcony or breezeway gives way.
  • Water Intrusion and Slippery Surfaces: Roof leaks, plumbing failures, and pooling water in hallways or laundry rooms create falls, and a landlord who was told about the leak and did nothing faces a strong notice argument.
  • Negligent Security Incidents: A tenant assaulted in a poorly lit or unsecured complex may have a claim against the owner. Florida gives owners of multifamily buildings with at least five units a presumption against liability if they substantially implement required security measures, and the owner carries the burden of proving that compliance. Fault is also apportioned to the criminal.
  • Construction and Repair Hazards: Renovation debris, open work areas, and poorly performed repairs injure tenants, and the contractor may share responsibility with the owner. The firm has recovered $485,000 in an apartment complex fall tied to ongoing construction.
  • Uneven Flooring and Trip Hazards: Raised tile, torn carpet, cracked pavement in parking areas, and broken common-area surfaces cause trips, and the question is whether the landlord knew or should have known.
  • Dog Bites and Other Tenant-Related Harm: Some injuries come from conditions a landlord knew about and allowed to continue, such as a dangerous animal on the premises or a known hazard created by another occupant.
  • Injuries to Children: Failed railings, unsecured windows, and unsafe play areas expose young residents to serious harm, and these claims carry additional procedural considerations.

Proving a Landlord Knew, or Should Have Known

Most rental property claims turn on notice. A landlord is not an insurer of every guest’s safety, but one who created a dangerous condition, was told about it, or let it persist long enough that reasonable inspections would have caught it can be held responsible. Evidence of notice includes written repair requests, prior complaints from other tenants, inspection reports, code violations, maintenance logs, and photographs showing the defect existed well before your injury. Property managers keep these records, and their absence can itself be revealing.

The defense will look for ways to shift fault. Expect arguments that the hazard was open and obvious, that you were not paying attention, that a contractor or another tenant caused the problem, or that the lease placed maintenance duties elsewhere. Florida’s fault-apportionment rules mean each liable party pays according to its own percentage, so identifying every responsible party early protects your recovery. Medical evidence matters just as much: treatment timelines, imaging, surgical recommendations, and honest documentation of limitations on work and daily life form the core of any damages claim.

Time limits are strict. For negligence claims that arose on or after March 24, 2023, Florida allows two years to file suit, down from the four years that applied before that date. Wrongful death claims are also generally two years from the date of death. If a government entity owns the property, such as public housing, additional notice rules apply and damages are capped by statute, so identifying the owner matters before any deadline passes.

Common Questions About Rental Property Injuries in Fort Lauderdale

Can I sue my landlord if I was hurt in my own apartment?

Yes, if the injury resulted from a condition the landlord was responsible for maintaining and failed to repair or warn about. Being a tenant does not waive your right to bring a claim, and lease language generally cannot erase a landlord’s duty to keep common areas and essential systems reasonably safe.

How long do I have to file a rental property injury claim in Florida?

For negligence claims that accrued on or after March 24, 2023, the deadline is two years. Claims that accrued before that date keep the older four-year period. Waiting rarely helps, because landlords repair hazards, records disappear, and witnesses move.

What if I was partly at fault for my fall?

Florida reduces your recovery by your percentage of fault if you are 50 percent or less responsible. If a jury finds you more than 50 percent at fault, you recover nothing. Because of that cliff, insurers push hard to inflate a tenant’s share of blame.

Does my landlord need to have known about the problem?

Generally, yes. You need to show the landlord created the hazard, actually knew about it, or should have discovered it through reasonable inspection. Written complaints, prior incidents, and maintenance records are the most direct proof.

Who pays if a management company or contractor was responsible?

Any party that shared responsibility for the hazard can be named. Florida assigns each liable party a percentage of fault and enters judgment against each one for its own share rather than making them jointly responsible for the whole, which is why identifying every defendant matters.

Can I claim medical expenses if my doctor treated me on a letter of protection?

Yes, but Florida law requires you to disclose the arrangement, including whether you were referred for that treatment and by whom, as a condition of claiming those expenses. The law also allows evidence about what a provider’s right to payment was sold for, and about what your health insurance would have paid. These rules affect how medical bills are valued, so discuss treatment payment before you begin care.

What if I was assaulted at my apartment complex?

You may have a negligent security claim against the owner or operator. For buildings with at least five units, the owner can gain a presumption against liability by substantially implementing required security measures, including a crime-prevention assessment no more than three years old, and the owner must prove it. Fault is also assigned to the person who committed the crime, which can reduce what the owner pays.

Is a landlord liable if a guest of mine is hurt?

Often, yes. Guests and visitors injured by a dangerous condition in common areas or on the property can have their own claims, subject to the same notice and fault rules that apply to tenants.

Will suing my landlord get me evicted?

Florida law restricts retaliation against tenants who assert their rights, but lease and eviction issues are separate from an injury claim and should be discussed with your lawyer before you act. Do not stop paying rent or alter your housing situation without advice.

How long does a rental property injury case take in Broward County?

It depends on the severity of the injuries, how clearly liability is documented, and whether the insurer negotiates in good faith. Cases that settle early are typically those with clear notice and completed treatment. Cases that go to suit in the Seventeenth Judicial Circuit take longer, and serious injuries should not be settled until your medical picture is reasonably clear.

What if the property is owned by a government agency?

Claims against government entities follow different rules. Florida requires written notice of the claim, caps liability at $200,000 per person and $300,000 per incident, and bars punitive damages. The agency generally has 180 days to respond before suit, so these cases need prompt attention.

Serving Rental Property Injury Clients Across Fort Lauderdale and Broward County

Spencer Morgan Law represents injured tenants and guests from downtown Fort Lauderdale and Las Olas through Victoria Park, Rio Vista, Coral Ridge, and the neighborhoods along the Intracoastal. The firm also serves clients in Wilton Manors, Oakland Park, Lauderdale-by-the-Sea, Pompano Beach, Deerfield Beach, and Lighthouse Point, and across central and western Broward in Plantation, Sunrise, Tamarac, Lauderhill, Lauderdale Lakes, Davie, Weston, and Coral Springs. Farther south, the firm works with clients in Hollywood, Hallandale Beach, Dania Beach, Pembroke Pines, Miramar, and Cooper City.

The firm’s reach continues into neighboring Miami-Dade County, including Miami, Miami Beach, Coral Gables, Doral, and Kendall, and across the State of Florida. Rental disputes and premises injuries cross city lines constantly, since owners and management companies often operate buildings in several communities, and the firm handles claims wherever the injury occurred.

Speak With a Fort Lauderdale Rental Injury Attorney

If you were hurt because a landlord or property manager let a dangerous condition go unfixed, a Fort Lauderdale rental injury attorney at Spencer Morgan Law can review what happened, identify who bears responsibility, and tell you plainly where your claim stands before deadlines or fault arguments narrow your options. Consultations are confidential, you owe nothing unless the firm recovers for you, and Spanish-language services are available. Call Spencer Morgan Law today to schedule your consultation.

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