Injuries at Florida Condos, HOAs and Seasonal Rentals

Florida condominiums, 55-plus communities, HOA developments, and seasonal rentals are home to many New England snowbirds. When a broken walkway, slippery pool deck, faulty elevator, poorly lit stairwell, or unsafe balcony causes an injury, the association, owner, or manager may be responsible. Muggeo & Associates represents injured snowbirds from our Fort Lauderdale and Salem offices.

Common Injuries

Slip and falls on wet lobby floors, pool decks, and walkways
Trip and falls on cracked sidewalks, parking stops, and uneven pavers
Stair and railing failures, including balconies and catwalks
Elevator and door malfunctions
Pool and spa injuries and drownings
Golf cart and parking lot accidents within the community
Dog bites and attacks
Injuries in short-term and seasonal rentals

Who May Be Responsible

The condominium or homeowners association for common elements
Property management companies
Unit owners and landlords for conditions inside a unit
Pool, landscaping, elevator, and maintenance contractors
Developers and builders for construction defects

Florida Rules to Know

Two-year deadline for most negligence claims arising after March 24, 2023.
Modified comparative fault: no recovery if the injured person is more than 50 percent at fault.
Notice of the hazard: for transitory substances such as spills in a business establishment, Florida requires proof the business knew or should have known of the condition (section 768.0755).
Negligent security: 2023 changes affect claims arising from crimes on property, including a presumption for certain multifamily properties that meet security standards.

Building Safety After Surfside

Florida now requires milestone inspections and structural integrity reserve studies for many condominium buildings three or more stories tall. Inspection reports can be important evidence when structural conditions cause an injury. See our page on Florida Condo and HOA Disputes for Seasonal Owners.

Protect Your Claim Before You Head North

Report the incident to the association or manager in writing.
Photograph the condition and the area around it.
Ask that video be preserved.
Get witness names; many neighbors are seasonal.
See our snowbird checklist.

For injuries in Massachusetts, see Massachusetts Premises Liability.

Muggeo & Associates has offices at 133 Washington Street, Salem, Massachusetts, and 160 SE 9th Street, Fort Lauderdale, Florida. Our attorneys are admitted in Massachusetts and Florida, as well as New Hampshire, New York, and Rhode Island, so one firm can follow your matter between your two homes.

Frequently Asked Questions

Who is responsible if I fall at my Florida condominium?

It depends on where you fell. The association usually controls common elements such as walkways, pools, elevators, and parking areas. A unit owner or landlord may control the inside of a unit. Contractors and management companies may also share responsibility.

Do I have to prove the condo knew about a spill or wet floor?

For slip and falls on transitory substances in a business establishment, Florida law requires proof that the business had actual or constructive knowledge of the dangerous condition. Similar notice issues arise in condominium cases.

Can I sue my own condominium association?

Yes, a unit owner can bring an injury claim against the association, usually paid by the association’s liability insurance. Claims against your own community can feel awkward, so we handle them professionally and focus on the insurer.

What about pool and drowning injuries?

Florida community pools must meet safety and health standards, and associations must maintain gates, fencing, drains, and signage. Pool injuries and drownings require fast investigation and evidence preservation.

Talk With Us in Massachusetts or Florida

If you have an injury at a Florida condominium, HOA, or seasonal rental, call Muggeo & Associates at (978) 741-1177, text the same number, or request a consultation online. We answer calls 24/7 and can meet by phone or video wherever you are spending the season. Email: jared@ljmassoc.com.

This page provides general information, not legal advice. Laws in Massachusetts and Florida change, and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.

Call or Text (978) 741-1177 to Schedule Your Consultation