Miami Faulty Building Condition Attorneys

Under Florida law, landlords have a duty of care to keep buildings in a reasonably safe condition. In addition to keeping surfaces free from foreign or transitory conditions (i.e., water, oil), landowners must also assure that the building itself is habitable. Although they may not be visible, there are various hazardous conditions that could harm the inhabitants of a building if the owner fails to exercise reasonable care. Accordingly, a landowner’s use of inferior construction and building materials may lead to the creation of harmful conditions:


This hazard is particularly prevalent in Florida because of its humid temperatures. While the existence of mold spores (microscopic cells that are air-borne) is normal, if allowed to grow and multiply indoors, it can cause a number of health risks and injuries. Florida’s Department of Health (link) provides an abundance of literature on the subject, noting the type of injuries common to one’s excessive exposure to mold, including: allergic illnesses, toxic poisoning, immune-system deficiencies that can lead to infections, viruses, and fevers, and asthma attacks. If you or a loved one know or have reason to believe that your dwelling has a mold problem and have suffered injuries as a result, you may have a case against your landlord under the theory of premises liability. One can identify possibly toxic levels of mold by searching areas with mold odors, which often carry an earthy or musty smells. In easier cases, one need only look for mold growth that is visible—usually taking the form of fuzzy growth on the building structures (i.e., walls, ceilings).


According to the Centers for Disease Control and Prevention (CDC), all houses built before 1978 are likely to contain some sort of lead-based paint (these types of paints were banned for housing usages in 1978). This substance becomes a hazard in homes with children. Once the paint becomes to deteriorate, young children are more susceptible to the harms posed by it because they are more likely to inadvertently place lead dust into their mouths when placing their hands or other objects into their mouths. The CDC estimates that approximately 24 million housing units have deteriorating lead-based paint, with 4 million units being homes to one or more children.

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This radioactive gas is much more difficult to detect than mold. Nevertheless, this harmful agent can be the result of using certain building materials and flaws relating to the particular construction or design of a building (i.e., insufficient ventilation and a faulty foundation). The National Cancer Institute reports that excessive radon exposure is the second leading cause of lung cancer in the United States, with 15,000 to 22,000 deaths each year.


This mineral fiber can be found in a number of places, ranging from commercial buildings, factories, and homes. The U.S. Consumer Product Safety Commission notes that in and of itself, asbestos in one’s home is not a serious problem. The mineral only becomes a hazard when it is damaged over time. Nevertheless, once damaged, asbestos can lead to a number of health problems, such as lung cancer.

Building with damaged exterior

How Brais Law Firm Can Help

Our firm offers a free consultation with our experienced legal team. In addition, we take your case on a contingency fee basis, meaning you do not pay attorneys’ fees unless we recover money damages for you. Our main office is in Miami, but we handle claims throughout the state. Connect with us via Skype, our online contact form, or by calling 888-238-5637.

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