Asked by user in Florida. Answered by Enjuris Editors.
Hello, Renee:
The apartment owner is responsible for the actions of other people hired to perform work on the property. Therefore, if the roofers caused damage to your belongings or an injury to your dad, then the apartment property owner should be liable. That said, since you’re now aware of a potentially dangerous condition because of nails left behind on the grounds or sidewalk, you also have a responsibility to avoid walking your dog in order to prevent injury. Florida follows a pure comparative negligence system of law, which means that if you’re entitled to damages from an injury, they could be reduced if you had any shared liability. If you continue to walk your dog in an area where you’re aware that there could be nails or debris, the defendant could argue that you could have avoided injury and didn’t. Again, that’s for an injury that hasn’t happened yet (not the ones that already took place).
If your dad’s injury cost money, and if you’re able to prove that the nail that injured his foot was left there by the roofers hired by your apartment manager, your dad could make a claim for any expenses related to the injury.
You can also submit a claim to be compensated for the damage to your property. You could be entitled to recover repair or replacement costs of the items damaged.