[FL] Can I sue a condo association for vehicle damage caused by negligence?

FL Consumer Protection

Richard

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Since this happened in Fort Lauderdale, Florida, you do have a potential negligence/property damage claim. (FL Stat § 768.81)

Here’s how this typically works:

Liability – If the condo association (or its management) created or failed to fix a dangerous condition—such as raised nails or unsafe parking areas—that directly caused damage to your car, they can be held liable. The fact that they acknowledged the issue and repaired it shortly after strengthens your argument that they knew about the hazard. (FL Stat § 768.0755)

Evidence – The video showing the raised nail and the damage to your bumper is valuable. The emails and notes of phone calls also help establish notice and their acknowledgment. Written proof of their agreement to pay would make the case stronger, but even without it, your documentation is important. (FL Stat § 90.402)

Damages – You can typically recover:

The cost of repair to your car, and
Reasonable out-of-pocket expenses, such as a rental car while your vehicle was unusable.
You will need receipts or invoices for both.

Practical Steps – Send a written demand (by certified mail) to the condo association or property manager, including your evidence and itemized damages. If they still refuse to pay, you can file a lawsuit in Florida small claims court if the total is $8,000 or less, or in county court for larger amounts.

Bottom Line – Yes, you appear to have a case. You have proof of the unsafe condition, proof of damage, and evidence that the association was aware of the hazard. The next step is putting your demand in writing and, if ignored, pursuing it in court.

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My vehicle was damaged by negligence from a condo. A couple days after they fixed the issue at the condo, they did acknowledge and say they would pay for the damages. We did not go through insurance—I was not covered—so we waited for them to pay it. They have not returned any calls. It is my mother’s condo, so she has done her best to help. All we want is for the damages, and maybe the car we had to rent in the meantime, to be paid for. Is there a case here?

Lexi, Chatbot

I'm sorry to hear about the difficulties you're facing with the condo's negligence and the damage to your vehicle. Have you received any written communication from the condo regarding their acknowledgment of responsibility for the damages?

I do not believe so.

Lexi, Chatbot

Have you documented all your communications with the condo, including calls and messages, regarding this issue?

Yes.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your vehicle damage claim.

No.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf. I know your question is important and I’m working on typing an answer to your question now. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to others.

Could you tell me more about any written communication you might have had with the condo?

The written communication came via email, but not a lot was in regards to the accident and they did not acknowledge fault in the email. Most of this was done through phone calls between my mother and the condo. I have a video of the damage and the nail—what happened to my car, how it happened—showing the nail being raised very high on the parking spot and how it took my bumper nearly off.

Richard

Thanks for sharing that information. It's good that you have a video documenting the damage. Could you let me know where this incident took place? The location can affect the legal options available to you.

The location that it took place was in front of my mother’s condo. The address Fort Lauderdale, Florida.

Richard

Got it, thanks for that. Were there any witnesses to the incident or anyone else who might have seen what happened?

Richard

Since this happened in Fort Lauderdale, Florida, you do have a potential negligence/property damage claim. (FL Stat § 768.81)

Here’s how this typically works:

Damages – You can typically recover:

The cost of repair to your car, and
Reasonable out-of-pocket expenses, such as a rental car while your vehicle was unusable.
You will need receipts or invoices for both.

Richard

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Richard

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