Landlords who slip on maintenance and management of properties to save a buck may ultimately find it will cost them. Premises liability claims against landlords can stem from a host of issues that may result in injuries including:

• Slip-and-falls due to slick floors or broken handrails;
• Trip-and-falls due to failure to clean debris or properly light the common areas;
• Water damage can result in mold which may result in respiratory illness;
• Poorly illuminated, maintained or secured swimming pools can pose slip-and-fall and drowning risks;
• Failure to update smoke detectors to warn residents of a fire or smoke hazards;
• Failure to secure and light parking lots, screen doors or other entrances to the property can leave tenants and visitors vulnerable to crime.

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Over the last year in Northern Florida, a federally-funded property owner responsible for the residences of 400 people – more than half of them children – has come under fire for allegedly falling behind on basic maintenance and repair of the site, which leave residents prone to illness and injury. News4Jax, the local television station, has been investigating and reporting on the property for the last year.

Sen. Marco Rubio toured the site, and called the landlord’s actions “horrifying” and “inexcusable.” He is going to press for cancellation of the property’s contract with HUD (the federal Housing and Urban Development agency), as well as a criminal investigation into how the property owner was spending the government’s money. The owner receives $6 million in federal money to run this and six other properties in the region. Rubio also said he wants an investigation into how such properties are inspected, how contracts were written and the contract review process. Renewal of these federal contracts are denied if a property receives less than a score of 60 on a 100-point scale. The HUD inspection score of this property at last review was 62.

F.S. 83.51 outlines a landlord’s obligation to maintain a premises in Florida. Some of these requirements include:

• Locks and keys;
• Clean/ safe condition of common areas;
• Functioning heat in winter/ running water/ hot water.

HUD released an 80-page report last year detailing the many problems at the main site in Jacksonville. among the issues cited:

• Bed bugs in several units;
• Infestation of cockroaches;
• Defective stairs that were dangerous and severely rusted in 21 buildings;
• Broken and/ or rusting windows;
• Mold found in numerous units.

There were also several issues noted with clogged plumbing, peeling paint, broken appliances, cracks in the ceiling, etc. In total, there were 74 health and safety deficiencies just in a sample of units inspected. Officials say that had the entire property been thoroughly inspected, it’s likely they would have found at least 380 health and safety violations. The facility had repaired or replaced its smoke detectors.

At that time, the mayor of the city called living conditions at the site “deplorable” and “tragic.”

It’s important to note, though, that a rented property need not be a decrepit eyesore to require the attention of the landlord, property owner and/ or maintenance company. A building may look to be in great condition, but if the parking lot is dimly lit or the security gate is always open or a common area is slippery, these can all be grounds to assert a claim of liability if an injury results. A premises liability attorney can help you determine if you may have a case against your landlord.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Sen. Rubio wants criminal probe of Eureka Gardens, May 13, 2016, By Lynnsey Gardner, News4Jax.com

That said, it’s necessary to pursue action against doctors, hospitals and other health care professionals who may have failed to act according to the standard of care for their position, thus resulting in serious and lifelong injury to the patient. Victims of medical malpractice may suffer lifelong damages, and could require extensive future care and medical treatment, not to mention the loss of wages and earning potential and life enjoyment.

Recently, a Fort Myers medical malpractice birth injury lawsuit resulted in a $2.3 million settlement stemming from a case involving a premature baby who suffered a brain injury and amputation in four years ago.

According to The News-Press, the boy was born at home, 12 weeks prematurely before being taken to the hospital. Plaintiff alleges that once the child arrived, nurses at the site negligently inserted a PICC line (peripherally inserted central catheter). That line, which was erroneously placed, soon thereafter began to show signs that the blood flow was impeded. Nonetheless, it remained there for a full week. Within six days, the baby’s fingertips were shriveled and his fingertips black. He was then transported to a children’s hospital in Miami, where his arm had to be amputated.

From there, doctors noted there were signs of decreased blood flow to the baby’s brain, something that was not shown to be the case before that PICC line was inserted. This has resulted in permanent brain damage, plaintiffs alleged.

Although the hospital never fired anyone in the matter, it did ultimately agree to the $2.3 million settlement, which did not require the hospital to admit fault. The settlement is especially noteworthy because under Florida statutes, governmental organizations like this one can only be compelled to pay up to $300,000 unless state lawmakers pass a claims bill to award a higher amount to an individual claimant.

One such recent case locally involved a case where a jury in 2007 found Lee Health liable to pay $15 million to the family of a boy born with cerebral palsy due to medical malpractice.

In spite of this most recent settlement with the local hospital system, claims against the doctors and nurses involved – who were employed by a separate contracted medical group based in Sunrise – is still pending. That same group is facing two other similar (but unrelated) medical malpractice cases involving Florida birth injury cases. One of those also took place in Lee County, where it is alleged a baby born 16 weeks premature died as a result of doctors who failed to perform certain tests and treatments.

Medical malpractice lawsuits are extremely complex, and should not be trusted to just any law firm. These claims deal with highly technical medical evidence, and the lifetime costs involved in these cases can be staggering. Defendants will often argue that services outlined in life care plans (meticulously mapped-out plans for medical procedures, medicine, therapy, equipment and other services the child will need into adulthood) are not necessary. However, these arguments are rooted in the belief that only the child’s most basic needs should be met. The fact is, the damage inflicted by negligent health care providers can be extremely costly, but it’s not the patient who should have to pay for it.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Golisano Children’s Hospital pays $2.3M to settle a lawsuit over a brain-damaged newborn, June 16, 2017, By Frank Gluck, The News-Press

While accident fatality numbers are decreasing, the number of pedestrians and bicyclists in these accidents continues to climb. Our Fort Lauderdale bicycle accident attorneys also recently reported on the increase in the number of bicyclist fatalities. There were about 75 bicyclists killed in Florida in 2010 and about 120 killed in 2011. Thousands are seriously injured each year in collisions with motor vehicles.

The National Highway Traffic Safety Administration (NHTSA) recently released all of this information in detail. Their headline focuses on the fact that the total number of traffic fatalities is down about 2 percent from the previous year and down more than 25 percent since 2005. What should be the focus is the fact that bicycle, pedestrian and motorcyclist fatalities are significantly up.

Broward County is ranked number one in the state when it comes to these kinds of accidents. Drivers just aren’t looking out for these vulnerable travelers — and bicyclists and pedestrians continue to pay the price.

In the Sunshine State, there were about 500 walkers killed while walking throughout the state.

Nationwide, more than 10 percent of traffic fatalities are of pedestrians. What might be most alarming is the fact that only about 2 percent of federal funds are set aside to improve pedestrian and cycling safety. Most of our roadways are designed only for fast-moving, vehicular traffic.

“Traffic crashes are largely avoidable, and so I would urge drivers to give their full attention to the road when they are behind the wheel,” said the DHSMV Executive Director, Julie Jones.

With the New Year, we’re asking drivers to renew their vow to be safer travelers. We’re asking everyone behind the wheel to keep an eye out for bicyclists and pedestrians along our Florida roadways. The truth of the matter is that our year round beautiful weather provides some of the most ideal conditions for these travelers. When they’re out and about during the winter months, we see significant increases in the risks for accidents and ultimately an increase in the number of injuries and fatalities. But that can be changed with more driver awareness. Take that extra second to look for a bicyclist or a pedestrian when making a turn in traffic. In most cases, drivers of motor vehicles are at fault in these kinds of accidents. It’s important to keep away from the distractions and to keep all of our attention on the road and on other travelers.

“Even as we celebrate the progress we’ve made in recent years, we must remain focused on addressing the safety issues that are continuing to claim more than 30,000 lives each year,” said NHTSA Administrator David Strickland. more If you or a loved one has been injured or killed in a pedestrian or a bicycling accident, contact Richard Ansara today at 954 761-3641 or (954) 761-4011 for a free and confidential consultation to discuss your rights. More Blog Entries: Bicyclist Fatalities on the Rise in Florida: Broward of the Worst, Broward Injury Lawyer Blog, December 15, 2012 Pedestrian Accidents in Florida on the Rise!, Broward Injury Lawyer Blog, December 8, 2012