Miami Tenant Secures $100k From Landlord Over Slippery Stairs
Marlen Garcia, then-61, a cleaner, fell May 22, 2020, while she was descending an exterior stairway of her residence, a rented duplex at SW 10th Avenue in Miami.
In lieu of filing a lawsuit, Garcia sought direct recovery from her landlord’s insurer, Homeowners Choice Property & Casualty Insurance Co. Garcia alleged that her landlord negligently created a dangerous condition that caused the accident.
Amanda Demanda of Amanda Demanda Law Group in Miami represented Garcia, who claimed that her fall was a result of her having slipped on a wet area of the stairway’s tiled surface. She claimed that mold had developed in the creases that separated the tiles, and her counsel contended that the tile’s slip-resistant properties had been extinguished.
Garcia claimed that she had previously complained about recurrent slippery conditions, but that the landlord ignored the complaints. Garcia’s counsel contended that the tile should have been replaced or that a slip-resistant coating should have been applied. Garcia’s counsel further contended that the stairs were also hazardous in that they lacked a handrail and that the steps were of varying height and width.
Homeowners Choice contended that Garcia had been living at the premises for 10 years and therefore should have been aware of the condition of the stairway. A claims adjuster from Homeowners Choice in Tampa handled the claim.
Garcia underwent surgery and had temporary hardware inserted. She claimed that she suffers residual pain and limitations that prevent her performance of her job’s duties. She has not resumed work. She also claimed that she cannot independently perform some of her household chores. She undergoes physical therapy.
Garcia sought recovery of about $70,697.28 for past medical expenses and recovery of future medical expenses, damages for past pain and suffering, and damages for future pain and suffering.
Homeowners Choice tendered its policy, which provided $100,000 of coverage.
Source: law.com
Accessibility