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Property owners knew or should have known of faulty railing

Maintenance and repair of the common areas of a Florida apartment complex are the responsibility of the owners of the property. Regular inspections are often needed in order to identify problem areas, warn residents and their guests of the issue and perform repairs. If property owners knew or should have known about a hazard and failed to do anything about it, someone could be seriously hurt or killed.

For example, three tenants of an apartment complex in another state were standing on a walkway on the second floor, which is considered a common area. One of the three men leaned on the railing and it broke. He fell to the concrete, about a 12-foot drop.

He was apparently unconscious for some time, and when he regained consciousness, he had no feeling in his legs. Emergency personnel arrived and rushed him to a hospital in the Beaumont, Texas area. The incident occurred in Nov. 2013.

The victim's current condition is not known. With regard to his premises liability lawsuit, he seeks a judgment for monetary damages for loss of income, disfigurement and other financial losses. He alleges that the apartment complex failed to properly maintain the property, to warn residents of the hazard or to fix the problem.

More importantly, however, it is alleged that the property owners knew or should have known that the railing was not safe and in need of repair. As would be the case here in Florida, the man will be required to successfully establish this fact to the court before any award of damages will be considered. Any monetary judgment awarded could help the man with any current or future medical needs he may have.

Source: setexasrecord.com, "Ricky Johnson sues apartment complex, alleging negligence after railing gives way", Emily Moore, Aug. 17, 2015

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