Skip to main content

Injury Claim Lawyer

(786) 977-8057

Call Or Text 24x7

Do I Have a Claim?

(786) 977-8057

Do I Have a Claim?
Menu

HOA and Condo Negligence Injury Claims in Hialeah, FL

If you were hurt because a Hialeah condo association or homeowners association failed to keep the property safe, you may have a claim against the association. We handle injury claims caused by unsafe conditions on property the association controls – things like broken lighting in a garage, a cracked walkway, a pool gate that won’t latch, or an elevator that was never repaired. We do not handle assessments, fee disputes, or other HOA business matters that don’t involve an injury. If someone got hurt, keep reading.

How much is Your case worth?

What We Do Not Handle

Associations generate a lot of disputes that have nothing to do with injuries. We want to be upfront about this so you don’t waste time calling if this isn’t a fit. We do not handle:

  • Regular or special assessments
  • Unpaid maintenance fees
  • Liens and fee disputes
  • Foreclosure brought by the association
  • Board and election disputes
  • Covenant and deed restriction enforcement
  • Architectural review denials
  • Rule changes
  • Document requests
  • Neighbour to neighbour disputes

If your issue is one of these, a community association attorney is the right person to call. They deal with these questions every day, and they can advise you on your options in a way we’re not set up to do. This page, and our firm, is focused on a different question: were you physically hurt because the association failed to keep common property reasonably safe?

Injuries We Do Handle

Below are the types of injury claims we look at when a condo or HOA community in Hialeah is involved. In each case, the question is whether the association knew, or should have known, about a dangerous condition and failed to fix it, warn about it, or secure it.

  • Injuries We Do Handle
    The claims below all share one thing in common: an injury caused by an unsafe condition somewhere the association was responsible for maintaining, rather than a dispute over money, rules, or governance.
  • Slip and Fall in Lobbies, Walkways, and Pool Decks
    Wet or poorly maintained flooring in a lobby, an uneven or cracked walkway, or a slick pool deck can cause a serious fall. When an association knew about the hazard, or reasonably should have discovered it during routine upkeep, and failed to fix or warn about it, the association can be held responsible for the injury that follows. Fall injuries in these areas range from bruising and sprains to fractures and head injuries depending on how and where the fall happens.
  • Negligent Security
    Poor lighting, a broken entry gate, a failed camera system, or inadequate access control can leave residents and guests vulnerable to assaults in garages, stairwells, and other common areas. When an association fails to maintain basic security measures it has represented, promised, or is otherwise expected to provide, it may share responsibility for an assault that a functioning security measure could have prevented or deterred. Prior similar incidents on the property, if there are any, can also be relevant to whether the association was on notice of the risk.
  • Elevator Failures
    A malfunctioning elevator — a sudden drop, doors that close on a passenger, or a car that traps someone between floors — can cause serious injury. Associations are responsible for keeping elevators properly inspected, maintained, and repaired, and a failure in that upkeep can support a claim.
  • Dog Bites in Common Areas
    When a dog bite happens in a common area the association controls, and the association knew a particular dog had shown dangerous behavior before but failed to take reasonable action, the association may share responsibility alongside the dog's owner.
  • Water Intrusion and Mould-Related Illness
    Chronic leaks, poor drainage, or unresolved water intrusion in common areas can lead to mould growth that causes real respiratory and other health problems for residents nearby. When an association is aware of a persistent water intrusion issue and fails to address it, it can be responsible for the illness that results. Maintenance records and prior complaints about the same leak are often central to these claims.
  • Pool and Pool Deck Injuries
    Drowning incidents, injuries from an unsecured or malfunctioning pool gate, and falls on a wet or poorly maintained pool deck are common in communities built around shared pools. Associations are generally responsible for maintaining compliant fencing, functioning gates, and a reasonably safe deck surface, and Florida has specific pool safety requirements that can be relevant to whether the association met its obligations.
  • Balcony and Railing Failuress
    A railing that gives way or a balcony structure that fails can cause catastrophic injury, and these failures are almost always tied to deferred maintenance or an inspection that should have caught the problem. Associations are responsible for inspecting and maintaining these structures, particularly in older high-rise buildings, and Florida's building recertification requirements can be relevant to whether that inspection duty was met.
  • Falling Debris and Building Disrepair
    Falling stucco, loose tiles, or other building materials, often the result of deferred exterior maintenance, can injure residents and visitors walking below. Ongoing disrepair that the association knew about, or that should have been caught through routine inspection, and failed to address supports a negligence claim.
  • Stairwell Falls and Defective Handrails
    A broken or missing handrail, uneven or damaged steps, or poor stairwell lighting can cause a serious fall. These areas are common-area responsibilities that associations are expected to keep in safe condition, and a known defect left unaddressed can support a claim.
  • Gym and Playground Equipments
    Defective or poorly maintained fitness equipment and playground structures in shared amenity spaces can injure both adults and children. Associations that choose to provide these amenities take on responsibility for keeping the equipment in safe, working condition.

Slip and Fall - Lobbies, Walkways, and Pool Decks

Wet lobby floors after mopping or rain, cracked or uneven walkways, and slick pool decks are some of the most common ways people get hurt in Hialeah’s condo and townhome communities. Associations are generally responsible for keeping these common areas reasonably safe and for warning residents and guests about known hazards.

Negligent Security - Garages, Stairwells, and Common Areas

Poor lighting, broken gates, cameras that don’t work, and doors that don’t lock all make it easier for crime to happen on the property. If you were assaulted or robbed in a garage, stairwell, or parking area because the association ignored known security problems, that may be a negligent security claim.

Elevator Failures

Elevators need regular inspection and maintenance. Sudden drops, doors that close on people, or units that are left in service despite known problems can cause serious injuries.

FAQ

Can you help me fight a special assessment?

No. Special assessments are a fee matter, not an injury matter, so this isn't something we handle. A community association attorney can advise you on challenging or negotiating an assessment.

No. Fee disputes and liens are handled by community association attorneys, not by our firm. If you were also injured on the property, we're glad to talk about that separately.

It depends on who was responsible for maintaining that part of the unit. Some elements, like plumbing behind walls or structural components, may still fall under the association's responsibility. We'd need to look at the details of where and how the injury happened.

Not necessarily. Rules and waivers don't automatically prevent a claim, especially if the association failed to maintain required safety features like gates or fencing. This is worth a conversation rather than assuming the waiver settles the question.

Florida sets deadlines for filing these claims, and the deadline depends on the type of claim involved. Rather than guess, call us and we'll walk through the timing that applies to your situation.

Pool and Pool Deck Injuries, Including Drowning and Unsecured Gates

Florida law and local codes require pool safety features like self-closing gates and proper fencing. When those features are broken or ignored, the risk of a drowning or near-drowning goes up, especially for children.

Start My Claim

Balcony and Railing Failures

Older buildings in and around Hialeah sometimes have balconies or railings that were never properly maintained. A railing that gives way, or a balcony that wasn’t inspected as required, can cause a fall with serious consequences.

Contact Us

Falling Debris and Building Disrepair

Loose stucco, deteriorating balconies above walkways, and delayed structural repairs can lead to falling debris. Associations are generally responsible for keeping the building envelope and common structures in safe condition.

Stairwell Falls and Defective Handrails

Broken or missing handrails, uneven steps, and poor lighting in stairwells are a frequent cause of falls, particularly for older residents.

  • Lakeland
  • North Miami
  • Plantation
  • Hialeah
  • Sunny Isles
  • Hallandale
  • Pembroke Pines
  • Hollywood
  • Dania Beach
  • Miami Beach
  • Miami Lakes
  • Opa Locka
  • Miami
  • Hialeah
  • Fort Lauderdale
  • Miami Gardens

Gym and Playground Equipment

Community gyms and playgrounds need routine inspection. Frayed cables on gym equipment or broken playground structures that go unrepaired can lead to injuries, especially to children.

Dog Bites in Common Areas

If an association knew about an aggressive dog on the property and didn’t enforce its own rules, there may be a claim in addition to any claim against the dog’s owner.

Water Intrusion and Mould-Related Illness

Leaks that go unrepaired can lead to mould growth in common areas or units, which can cause respiratory illness and other health problems, particularly when the association knew about the leak and delayed the repair.

Common Areas Versus Your Unit

Responsibility usually comes down to who controlled the area where the injury happened. Associations are typically responsible for common areas – lobbies, hallways, pools, garages, elevators, and shared structural elements. What happens inside your unit is often your own responsibility, or your landlord’s if you rent, depending on the situation. We look closely at where the injury happened and who was responsible for maintaining that specific area before we can tell you whether the association is a proper target for a claim.

If You Also Have a Fee Dispute

It’s common for the same association to owe you money for an injury while also being in a dispute with you over fees, assessments, or a lien. These are two separate matters. We only handle the injury side. If you’re also dealing with a fee or assessment dispute, you’ll want to keep that conversation going with a community association attorney separately, while we focus on what happened to you physically.

What a Claim May Cover

An injury claim against an association may address medical bills, lost income if you missed work, and pain and suffering connected to the injury. What a claim can cover depends on the facts of your case, including how the injury happened, the extent of your medical treatment, and whether the association’s insurance responds to the claim. We don’t quote figures before we know the details, and we won’t promise an outcome. What we can do is review what happened and explain, plainly, whether there’s a viable injury claim here.

Florida's Filing Deadlines

Florida sets deadlines for filing injury claims, and those deadlines vary depending on the type of claim and who is responsible. Deadlines can be shorter when a government entity is involved. Rather than guess at a number that may not apply to your situation, call us and we’ll tell you where things stand for your specific claim.

Helping Those Injured in Accidents Across Florida

The Injury Claim Law Firm is based in Hialeah and works with people injured throughout South Florida, including Hialeah and the surrounding Miami-Dade communities. We focus on plaintiff-side personal injury claims, which means we only represent people who were hurt – never insurance companies or associations.

Getting hurt in your own community is disorienting. You live there. You may see the property manager or board members regularly. It can feel awkward to raise the idea of a claim. But an association’s job includes keeping common areas reasonably safe, and when that doesn’t happen, residents and guests can get hurt through no fault of their own.

Talk to Us About What Happened

If you were hurt because of an unsafe condition in a Hialeah condo or HOA community, we’re glad to look at what happened and tell you plainly whether there’s a claim worth pursuing. If your issue is a fee or assessment dispute instead, we’ll tell you that too, and point you toward a community association attorney who can help.