Legal Question in Personal Injury in Florida
I suffered a tri-malleor fracture when I walked outside my condo unit after another unit owner removed the Seacoast water meter cover & left a hole open in the walkway. As this has always been closed & considered part of the walkway I did not see it & suffered permanent damage to my ankle. The unit owner had no insurance and now the condominium association's insurance company is saying they are not responsible as they did not allow the unit owner to open this cover, Is this true?
4 Answers from Attorneys
Your question requires fact specific information. Was the hole an "open and obvious" hazard? Was there any special circumstances about this hole that made it difficult to notice by casual observation? Did the condo association take any precautions to prevent a co-owner from accessing the cover? Was the cover secured in any special way that needed a tool or key to open?
Did the co-owner leave this open intentionally or negligently? Is the walkway a common area or a limited common area? If it is a limited common area, who does it belong to? Do you have any physical incapabilities that made you particularly susceptible to your inability to notice the open hole? If so, did the co-owner know of your incapabilities? Is the co-owner "uncollectible", in bankruptcy, etc? Have you filed a claim against the condominium association? Does your association require co-owners to carry liability insurance? If you haven't had your case reviewed by a personal injury attorney, further delay may cause you to lose an opportunity to file a claim due to statute of limitations.
XConsider an action against the offender even if he has no insurance if he is otherwise solvent. You should nt have to bear the burden for his carelessness..
See a personal injury lawyer. www.FL-PI-Lawyer.com
Yes, but you should pursue the claim against the Unit owner . He may have assets to pay.