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By: Morey Law Firm

April 5, 2024

Orlando Wrongful Death Claims Against Negligent Landlords

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Orlando Wrongful Death Claims Against Negligent Landlords

Losing a loved one is a devastating experience, especially when their death could have been prevented. In Florida, pursuant to Florida statute, landlords have a duty to ensure their properties are safe for tenants and visitors. Unfortunately, not all landlords live up to this responsibility, leading to tragic outcomes. This blog, written by an Orlando Wrongful Death Attorney, delves into the process of pursuing wrongful death claims against negligent landlords, aiming to offer valuable insights for those affected in Orlando and the surrounding areas.

Understanding Wrongful Death Due to Landlord Negligence

Wrongful death claims arise when someone’s death is caused by the negligence or misconduct of another party. In the context of landlord negligence, this could involve failing to address hazardous conditions on the property, such as faulty wiring, fire hazards, structural issues, or inadequate security measures. Families of victims can pursue wrongful death claims to seek justice and compensation for their loss.

Top 5 Wrongful Death Claims Against Landlords

The loss of a loved one under any circumstance is heartbreaking, but when their death is due to a landlord’s negligence, the tragedy is compounded by a sense of injustice. In Florida, understanding the most common grounds for wrongful death claims against landlords can empower affected families to seek the justice and compensation they deserve. This guide explores the top 5 wrongful death claims, providing crucial insights for navigating these complex legal waters.

1. Failure to Maintain Safe Electrical Systems

Electrical hazards are a leading cause of accidents in rental properties, resulting from outdated wiring, improper installations, or lack of maintenance. Landlords have a duty to ensure that all electrical systems are safe and up to code. Wrongful death claims have arisen from fires, electrocutions, and other electrical incidents that could have been prevented with proper care.

2. Failure to Address Fire Hazards

The lack of smoke detectors, fire extinguishers, and safe evacuation routes in rental properties can lead to catastrophic results in the event of a fire. Landlords must adhere to fire safety regulations to protect their tenants. Wrongful death claims in this category highlight the fatal consequences of such neglect.

3. Inadequate Building Security Leading to Fatal Incidents

A landlord’s failure to provide adequate security measures can leave tenants vulnerable to criminal acts, including assault and burglary. Fatalities resulting from such negligent security practices are tragically common. Cases often cite insufficient lighting, broken locks, and lack of security cameras as contributing factors.

4. Negligence in Addressing Structural Hazards

Structural hazards such as weak flooring, deteriorating ceilings, and unstable balconies pose significant risks. Landlords are responsible for conducting regular inspections and repairs to prevent such dangers. Wrongful death claims have spotlighted the devastating consequences of ignoring these critical safety issues.

5. Toxic Exposure

Exposure to toxic substances, including lead paint, asbestos, and mold, can have fatal health effects, particularly on children and the elderly. Landlords are obligated to identify and remediate these hazards. Wrongful death claims often revolve around landlords’ failures to act upon known risks, leading to deadly outcomes.

Pursuing a Wrongful Death Claim Against a Landlord:

Florida’s statutes provide a basis for wrongful death claims, outlining who can sue, the types of damages that can be recovered, and the time limits for filing a lawsuit. It’s crucial for families to understand their rights and the legal process to navigate these complex cases successfully.

  1. Establishing Landlord Negligence: This step requires showing that the landlord had awareness, or reasonably should have had awareness, of a dangerous condition on their property and neglected to take proper steps to rectify it. This isn’t about assigning blame without cause but highlighting a failure to uphold safety standards.
  2. Demonstrating Causation: Here, the aim is to connect the dots between the landlord’s inaction (or wrongful action) and the tragic loss of life. This involves presenting evidence that the negligence directly led to the circumstances resulting in death. It’s about showing a clear line of responsibility.
  3. Calculating Damages: This phase is about quantifying the loss in legal terms, which includes both tangible and intangible elements. Tangible aspects might include medical bills incurred prior to the death and funeral expenses, while intangible aspects cover the more profound impacts, such as the loss of companionship, emotional distress, and the financial support the deceased would have provided.

Protecting Your Rights After Losing a Loved One

  • Seek legal advice promptly: Florida law limits the time to file wrongful death claims, making it essential to consult with an attorney as soon as possible.
  • Document everything: Gather and preserve evidence related to the hazardous condition and your loved one’s death. This includes photographs, medical records, and correspondence with the landlord.
  • Avoid discussing the case: Be cautious about what you say to insurance companies or the landlord. Statements made without legal advice can impact your claim.

Compensation in Wrongful Death Claims

Families may be entitled to various forms of compensation, including:

  • Medical and funeral expenses
  • Loss of the deceased’s expected earnings
  • Loss of inheritance
  • Pain and suffering of the deceased before death
  • Loss of companionship and protection

Morey Law Firm, P.A.: Landlord Wrongful Death Attorneys

Dealing with a loss caused by a landlord’s negligence is an undeniably tough journey. This guide aims to offer some clarity on wrongful death claims in Orlando, helping you understand your rights and the steps you can take. It’s important to remember that, through the legal process, you have the opportunity to seek not just compensation but also accountability. While no legal outcome can fully compensate for your loss, pursuing justice can be a step toward healing and ensuring such negligence doesn’t happen to others. If you’re navigating this challenging time, reaching out to a knowledgeable Orlando wrongful death attorney could ease the burden, providing you with both legal expertise and support as you seek to honor your loved one’s memory.

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