In Florida, homeowners associations (HOAs) play a crucial role in maintaining the order and safety within residential communities. However, when an association fails in its duty of care, filing a personal injury lawsuit and pursuing legal action against the association may be the only way for an accident victim to make themselves financially whole. Governed by Chapter 720 of the Florida Statutes, HOAs are entrusted with a duty of care to ensure the health, safety, and welfare of parcel owners, their families, tenants, guests, agents, and invitees. This duty extends to various types of associations, including condo associations (COAs), governed by Chapter 718, and those managing mobile home parks which are regulated by Chapter 723 of Florida’s statutes. Breaches of this duty can cause accidents or violent attacks that can result in personal injuries.

To establish a solid legal basis for a personal injury lawsuit against an HOA, COA or mobile home park association, several key factors must be considered:

Existence of Duty of Care: The first step in assessing the viability of a lawsuit is determining whether the association had a duty of care toward the victim. While the duty typically extends to residents and authorized visitors, certain individuals, such as trespassers, may not fall under the association’s duty of care morally or legally.
Failure in Duty of Care: It’s essential to demonstrate that the association, as opposed to another entity like a property owner within the community or the community’s management company, failed in its duty of care. This failure could stem from negligence, inaction, action, or omission on the part of the association.
Causation of Substantial Personal Injuries: The plaintiff must prove that the injuries sustained were a direct result of the association’s failures or actions. Whether it’s inadequate maintenance leading to trip and fall accidents or lax security measures resulting in assaults, the injuries must be substantial, sustained for a period of time, and directly linked to the association’s breach of their duty of care.
Financial and Non-Financial Costs Incurred: In addition to physical injuries, the plaintiff must demonstrate that significant financial and possibly other non-financial costs were incurred due to the injuries. These costs may include medical expenses, lost wages, pain and suffering, and emotional distress.

When these criteria are met, individuals have a strong case to seek compensation for their injuries by filing a lawsuit against the HOA. However, navigating the legal process can be complex, requiring expert knowledge of Florida’s statutes and case law pertaining to personal injury claims against HOAs.

The Importance of an Attorney when Filing a Personal Injury Lawsuit

Consulting with a personal injury attorney with experience in dealing with associations like HOAs, COAs and mobile home parks can provide invaluable guidance and representation when filing a personal injury lawsuit. Victims involved in a serious personal injury or attack on an association’s property are advised to first check the extent of their injuries, move to a safe location then call 911. After calling 911, it is wise to call a personal injury attorney and seek advice on next steps to follow to optimize the chances of full compensation for personal injuries sustained in the accident or attack.

It’s essential for victims to gather evidence supporting their claims, including documentation of the incident, medical records detailing the extent of injuries, eyewitness testimony, and any correspondence with the association regarding the incident.

Filing a personal injury lawsuit against an association can be contentious, often involving complex legal arguments and tense negotiations. However, holding negligent associations accountable not only helps individual victims seek justice but also serves to uphold the standards of safety and care within Florida’s residential communities.

Individuals who have suffered personal injuries within their Florida communities due to negligence or failure in duty of care, may have the right to pursue legal action against the association. By understanding the legal requirements and seeking appropriate legal representation, victims can assert their rights and seek fair compensation for their injuries and losses.

“…holding negligent associations accountable not only helps individual victims seek justice but also serves to uphold the standards of safety and care within Florida’s residential communities.”

South Florida Law

Filing a personal injury lawsuit against an association takes place in a complex legal landscape and may involve multiple parties. The main defendant may be an association (HOA, COA or mobile home park), property management company, a large insurance company or all of the above. In the case that there are multiple parties at fault, each will arrive with their own experienced legal team. If you are the victim in a personal injury case, it’s proven that having an experienced personal injury lawyer on your side greatly increases the likelihood of a larger payout. Having your own legal team helps avoid pitfalls set by the legal teams of negligent corporations and bad-faith insurance companies.

South Florida Law is a Florida law firm with a strong personal injury practice and extensive experience in dealing with associations. If you or a loved one has been in an accident, experienced personal injury attorneys from South Florida Law first identify if you have a case for compensation. If you do, the firm can agree to bring you on for a contingency fee, which means you don’t pay a dime unless we win your case.

Injured in an accident or attack on association property? Reach out to South Florida Law today for a free consultation at (954) 900-8885 or through our contact form.