Injuries at Apartment Complexes and Condos in Miami

Most people in Miami-Dade live in rental apartments or condominiums, and the common areas of those buildings, stairwells, garages, pool decks, elevators and walkways, are where a large share of premises injuries happen. Who is responsible depends on who controls the area and what they knew.

Written by the Florida Injury Team Legal Content Team · Reviewed for accuracy by our network of licensed Florida attorneys · Learn about our editorial process

Who controls the area controls the liability

• Rental apartments. The landlord or property management company is responsible for common areas and for the structural condition of the units. Florida Statute 83.51 requires landlords to comply with building, housing and health codes and to keep the premises in a reasonably safe condition.
• Condominiums. The association maintains the common elements under Chapter 718 of the Florida Statutes and its own declaration. Inside a unit, the owner is responsible.
• Contractors. Elevator companies, pool service companies, security firms and landscapers can share liability for the work they control.

Common claims

• Falls on wet pool decks, broken stair treads, loose handrails and uneven walkways
• Injuries in parking garages from poor lighting, potholes and missing wheel stops
• Elevator and gate malfunctions
• Balcony railing failures
• Children injured at unfenced or unlocked pools
• Assaults and robberies where the property failed to provide reasonable security

What you have to prove

Premises liability turns on notice. The owner or association must have known, or should have known, about the dangerous condition and failed to fix it or warn about it. Maintenance requests, prior complaints, work orders, inspection reports and video are how that is proven. Photograph the hazard immediately, report it in writing to management, and keep a copy.

Negligent security and the 2023 safe harbor

Florida Statute 768.0706, created in 2023, gives owners of multifamily residential properties a presumption against liability for criminal acts by third parties if the property has implemented specific security measures: a crime prevention assessment, security cameras at entrances and exits, adequate lighting in parking lots and walkways, one-inch deadbolts and peepholes on unit doors, locked windows, locked pool fences and gates, and staff training. A property that has not done those things does not get the presumption. Whether the property complied is now the first question in every negligent security case in Miami.

Deadlines and steps

Negligence claims from incidents on or after March 24, 2023 generally must be filed within two years. Report the injury to management in writing the same day, get medical care, photograph everything, identify witnesses, and do not sign any release the property’s insurer sends. The firm we refer you to requests the property’s maintenance logs, incident reports and camera footage before they are lost.