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Miami Beach · Water damage
Help with insurance claims for leaks, burst pipes and water from the unit above in Miami Beach homes and condos.
A supply line under the sink, a failed water heater, a clogged AC drain or a leak from the unit upstairs can ruin floors, walls and cabinets in a few hours. Tomas Robirosa is a Miami Beach water damage lawyer who helps homeowners and condo owners with the insurance claim that follows, in English or Spanish.
Much of Miami Beach's housing is in older apartment and condo buildings, many from the Art Deco and mid-century periods. Miami-Dade County requires these buildings to be recertified once they reach 30 years from their original certificate of occupancy, and every 10 years after that. Old plumbing stacks, cast iron drains and original pipes inside the walls are a common source of slow leaks and sudden bursts.
Insurers often point to the age of the pipes. Many policies exclude wear and tear, and long-term seepage, while covering sudden and accidental discharge. Whether a leak was sudden or slow is often the main question, so the evidence you keep early on matters.
In a condo, the source decides who pays. Under the Florida Condominium Act, Chapter 718, the association's policy generally covers the building as originally installed, while the unit owner insures things inside the unit that serve only that unit, such as floor and wall coverings, cabinets, countertops, appliances and water heaters. If a neighbor's negligence caused the leak, that owner can generally be responsible for repair costs that insurance does not cover. If the leak came from a common pipe, the association may be involved. Your declaration also matters.
Miami Beach also sees tidal flooding, especially during the fall king tides, and heavy rain floods. The City notes that flood damage is generally not covered by a standard homeowners policy. If water entered from outside at ground level, the insurer may call it flood. If it came from a pipe, appliance or roof opening, it is usually a property claim. That label can decide the whole claim.
Stop the water, take photos and video before cleanup, keep the failed part if you can, and report the loss to your insurer and, in a condo, to the association. Tomas reviews the policy, the cause of loss and the adjuster's estimate. Read more about water damage claims in Florida, see our Miami Beach page, or call (305) 600-0529.
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Your Attorney
Tomas Robirosa is the founding attorney of Robirosa Accident & Injury Law. He built his practice around careful preparation and personal attention: when you hire the firm, you talk to your lawyer, in English or Spanish, and you always know where your case stands.
He graduated cum laude from Nova Southeastern University’s Shepard Broad College of Law, is a Florida Supreme Court Certified Circuit Civil Mediator, and is admitted to practice in Florida state courts and the U.S. District Court for the Southern District of Florida.
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