Legal Question in Civil Litigation in Florida
Liability Issue
On Friday evening I awoke to discover that my wife, who is also a diabetic, was having a seziure. I Dialed 911 and help was dispatched to my location. i alos notified my sister in law who lived near by. She came over and we discover that my wife was also not breathing. I redialed 911 and notified them that the paramedics had still not arrived yet after 10 minutes. The dispatcher on the phone informed me that they could not get through the gate of my community. The codes they had been given were outdated and no longer working. They managed to gain access when another resident let them in and only then were they let in. The paramedics also had even more trouble gaining acces to my apartment building due to illegally parked cars they had to park and walk two buildings down to my apartment. My Question is; Is there anything I am Able to do as far as filling suite against my Apartment community? They didn't supply the correct info to the city to prevent this from happening. I also found out after further digging this is not the first time this has happened as well. I made sure i have everything documented on this evening through thte fire department as well as the police department.
5 Answers from Attorneys
Re: Liability Issue
Might be liability against the condo association, the condo management company and even the security company hired by the association. Not exactly sure from your story what are the damages, but feel free to call my office or e-mail me to set up an appointment to discuss further. Sounds like an interesting case.
Re: Liability Issue
Since the delay in no way caused the illness, their are no damages.
Re: Liability Issue
Though the delay did not cause the illness, if the delay resulted in injuries to your wife that would not have occurred but for the delay, there may be liability on the part of the apartment complex. It will be depend upon the length of the delay and whether or not she has permanent injuries that would not have happened if she had received timely emergent care. If you would like to discuss this situation further, please do not hesitate to contact me.
Re: Liability Issue
You may have a case against the Condo Association, it would a novel, but likely successful lawsuit. My firm has substantial experience in suing condo associations. We would be happy to discuss this with you for free.
Re: Liability Issue
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If you can prove that the delay exacerbated your wife's illness or she suffered any additional damage as a result of the delay, you may have some claim against the Associaton. Of course, the complex will argue that you could have let the rescue vehicle in yourself or had your sister go to the gate to wait for them. You should meet with an attorney to discuss the facts of your case to see if any action would lie.
Scott R. Jay, Esq.
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