A Case Study

If you live in a community with a homeowners’ association (HOA), you probably expect that common areas like parking lots, pools, or saunas are safe. Proper maintenance is important to keep you and your neighbors safe. But sometimes, things don’t get fixed, and that can lead to serious injuries.

Let me tell you about a case we handled recently. A resident was badly burned in a community sauna. The sauna heater, which gets extremely hot, was attached to the wall in a way that wasn’t safe. It was placed too close to the entrance, held up by just two screws, and had no guardrails. Over time, the screws loosened, and the wooden plank it was attached to began to pull away from the wall. This was a disaster waiting to happen, and unfortunately, it did.

When our client entered the sauna, the heater came loose and fell on her leg, causing severe burns. The HOA and management had hired a handyman with no proper training to install the heater, instead of getting a professional. The heater, weighing 60-80 pounds, was attached with just two screws, and no guardrails were installed, even though the manufacturer had clear instructions to do so.

Our client suffered second-degree burns that will never fully heal, even after two surgeries. Because of the HOA’s carelessness, she is now permanently scarred.

Accidents like this can happen anywhere, even when we least expect them. But if you get hurt because a place wasn’t properly maintained, the person or company responsible for that place might be held accountable.

Responsibilities of HOAs and Property Management 

In Florida, property owners, managers, and maintenance companies have a duty to keep places safe. They need to fix anything that could hurt someone and ensure that things like heaters, stairs, pools, and walkways aren’t dangerous. They also need to check the property regularly to find and fix problems before someone gets hurt.

In the sauna heater case, the people in charge knew the heater was heavy and too close to the door, making it easy for someone to get hurt. But they didn’t fix it, and as a result, our client was injured.

Why It’s Important to Act Quickly

If you get hurt because a place isn’t safe, it’s important to act quickly. The longer you wait, the harder it can be to prove that the owner didn’t take care of the property. The problem might get fixed, or it might be harder to find people who saw what happened.

Getting a lawyer early on is important. They can help gather evidence, talk to witnesses, and make sure everything is done to prove that you were hurt because someone didn’t keep the property safe.

What If You’re Blamed for Your Accident?

Sometimes, the property owner might try to say that it’s your fault you got hurt. In Florida, you can still get help even if you’re partly responsible (less than 50%), but it could affect how much money you receive. In the sauna case, the owners might argue that our client should have been more careful around the heater. However, we can say that the heater was placed in a dangerous spot and should have been fixed.

A good Personal Injury attorney will help prove that the owner didn’t do their job to keep people safe, even if they try to blame you.

Why You Shouldn’t Wait to Call a Lawyer

If you or someone you know has been hurt because a place wasn’t safe, don’t wait to get help. The sooner you talk to a lawyer, the better they can assist you. They’ll know what needs to be done to gather evidence, talk to witnesses, and protect your rights.

Whether you’ve slipped on a wet floor, fallen on defective stairs, or been burned by something that wasn’t installed correctly, it’s important to act quickly. Don’t wait too long before reaching out to someone who can help.

Talk to a Lawyer Today

If you or a loved one has been hurt or killed in an accident, it’s important to talk to a personal injury lawyer as soon as possible. At Kurzman Law Group, we offer free consultations to help you understand your rights.

We work on a contingency fee basis, which means you don’t pay anything out of pocket. If we win your case, our fee will come from the settlement with the party at fault. Call us today at (954) 406-6464.