Miami Commercial Building Accident Lawyer: 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
• Local jurisdictions

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
• Faulty plumbing
• Electrical wiring that is not safe
• Vermin infestations
• Dangerous mold
• Fire hazards

Liability for Violations of the Building Code

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.

Injuries Due to Florida Building Code Violations

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.
• Electrical shock injuries. If the wiring is defective or if appliances are not installed properly, people may suffer cardiac arrest or even death due to the electrical shock.
• Burn injuries. Faulty wiring can also cause fires, leading to burn injuries and smoke inhalation.
• 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.