Injured in a Common Area? Your Legal Rights Against Negligent HOAs and Landlords in Florida Apartment Communities
May 29, 2025 – Britto & Herman Injury Lawyers

Accidents can happen anywhere, but when they occur in the common areas of an apartment complex or HOA-governed community, the legal responsibility for your injuries may not be immediately clear. Whether it’s a slippery sidewalk, a broken handrail, or poor lighting in a stairwell, knowing who is at fault is the first step toward justice. At Britto & Herman Injury Lawyers, your trusted Personal Injury and Accident Lawyers in Jupiter, FL, we help injured residents and guests understand their rights—and get the compensation they deserve.
What Counts as a “Common Area”?
Common areas are shared spaces maintained by a property manager, landlord, or homeowners association (HOA). These areas are meant to be safe for all residents and their guests. Examples include:
- Hallways and stairwells
- Parking lots and garages
- Sidewalks and pathways
- Pools and fitness centers
- Laundry rooms and lobbies
If these spaces aren’t properly maintained and someone is hurt, the party responsible for upkeep may be legally liable.
Who Is Responsible—HOA or Landlord?
Determining fault depends on who controls the area where the accident happened. In Florida:
- HOAs are typically responsible for shared amenities and exterior spaces in condo and townhome communities.
- Landlords or property managers are usually liable for areas directly related to rental units or leased buildings.
When you’re injured due to negligence in a common area—like an unmarked hazard or failure to repair—either or both parties may be accountable. A thorough investigation is necessary to determine responsibility.
Common Hazards That Lead to Premises Liability Claims
Neglect can take many forms. Common causes of injury in shared spaces include:
- Uneven pavement or broken stairs
- Poor lighting in walkways or stairwells
- Inadequate security or broken locks
- Wet floors without warning signs
- Lack of regular maintenance or inspections
Property owners have a duty to fix these issues promptly. Failing to do so can put others at serious risk.
Steps to Take After a Common Area Injury
If you’re injured in a shared space, your actions afterward can impact your legal options. Here’s what you should do:
- Get medical attention immediately
- Take photos of the hazard or area where the accident occurred
- Report the incident to the HOA or property manager in writing
- Collect witness statements, if available
- Speak with an experienced personal injury attorney before filing a claim
Documentation is key to building a strong case.
Why You Need an Attorney
Proving negligence in HOA or apartment community accidents isn’t easy. Multiple parties, different insurance policies, and conflicting responsibilities can make the legal process overwhelming. That’s why Britto & Herman Injury Lawyers step in with clarity, strategy, and commitment. As seasoned Personal Injury and Accident Lawyers in Jupiter, FL, we handle every detail of your claim—from investigation through litigation—so you don’t have to.
Don’t Settle for Uncertainty. Get the Justice You Deserve.
If you’ve been injured in a shared space due to an HOA or landlord’s negligence, don’t wait. Let Britto & Herman Injury Lawyers put our experience and relentless advocacy to work for you.
📞 Call us at (561) 782-2891
🌐 Visit www.brittoherman.com
📩 Email us at info@brittoherman.com to schedule your free consultation.
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