Miami Commercial Building Accident Lawyer: Sean M. Cleary
How Can We Help?
We help hold accountable those responsible for building defects.
We work with various experts to determine the facts of the case.
We help hold building owners accountable for their obligations.
We help you secure a substantial jury verdict.
We make it clear to building owners that they should heed safety rules and regulations.
Sean M. Cleary
Violations of Florida's Building Code
Have you or a loved one suffered a severe accident in Florida on the premises of a commercial building?
Many times, determining what exactly caused an accident and proving that it stemmed from the property owner's negligence can be difficult.
When gathering evidence to build your case, it's essential to know that the law allows you to bring a claim against the party liable for violating building safety rules, deriving from:
Florida Building Code
As the commercial building owner is generally responsible for conditions on the property that could harm others, you can often win your case with proof that the property owner violated the building codes.
If you can find a building code violation that links up to the injury, the property owner is immediately assigned negligence due to a legal concept called negligence per se. In other words, the owner is determined to be automatically negligent. So you can see why this is so crucial to your legal claim.
Florida's Building Code is a statewide set of standards that address every aspect of buildings that owners must comply with for public health and safety. The owner must know all the rules and regulations that affect their property and keep up with any changes to them.
According to the law, a violation of the Building Code:
It is a safety hazard that exists within a completed commercial building
May reasonably result, or has resulted, in the physical injury of a person
Examples of Building Code Violations include but are not limited to:
Deterioration of structures
Additional structures constructed or altered without permits
Commercial vehicles stored on the property
Commercial equipment kept on the property
Outside storage of items that can be hazardous during high winds
To prove that a commercial building owner violated building safety codes, you need to get the proper evidence in your favor. Briefly, to establish a party has been negligent, you must show that:
The accident occurred, and you suffered an injury
The party had a duty to follow the Florida Building Code
The party failed in this duty
The owner's dereliction of duty directly caused the injury
The injury resulted in quantifiable damages
It will be necessary to identify the specific duties that the owner failed to uphold to build your case. In many cases, it can help to check with the local inspection agency to see if the property owner has received any warning or fines.
Failure to follow building rules and regulations can threaten people's safety in many ways, including through the following types of injuries:
Fall injuries. Damaged skylights, collapsing balconies, broken railings, dangerous stairs can cause falls from heights. Depending on the height from which this type of fall occurs, a person may suffer severe injuries or wrongful death. Inadequate lighting in a building's hallways, stairwells, parking lots, or other areas can cause falls at the same level.
Health issues related to mold or mildew. If the plumbing is faulty, pipes may break, leading to significant flooding and severe health issues.
Amputation. Broken elevators or escalators may cause harm to their occupants, and a person's hands, clothing, or other objects may become entangled in a defective escalator, leading to severe injuries such as amputation.