Whether you plan to stay for 12 months or 12 years, your apartment is your home, and you should feel safe there. One of the major perks of renting an apartment is that maintenance is generally included in your lease. However, accidents can happen in apartment complexes if the property is not kept up properly. Given that the landlord or property manager is usually responsible for maintenance and repairs, you may be wondering whether you can sue them in the event of an apartment accident in Texas.
What Apartment Accidents Qualify for Compensation in Texas?
You may be able to take legal action in Texas if you are injured in an apartment accident due to a hazard that your landlord or property manager failed to resolve or warn you about. For example, if you live in an apartment complex with a walkway that is uneven and missing large chunks of concrete, and you trip on the walkway and break your arm, the landlord may be responsible if they were aware of the hazard and failed to make the necessary repairs in a timely manner. In such a case, you may be able to sue your landlord for an apartment accident.
How Do You Sue a Landlord for a Texas Apartment Accident?
Anyone injured in an apartment accident in Texas can bring a claim against their landlord through a premises liability claim, which is a type of personal injury claim. Premises liability law deals with property owners (landlords) and their responsibility to protect their tenants from foreseeable harm. You may be able to file a premises liability claim against a negligent landlord or property management company when you are injured as a result of their failure to remedy or post visible and obvious warnings about a known hazardous condition in an apartment complex.
Common Texas Apartment Accidents
With a large number of people living in close proximity and a landlord or property management company overseeing maintenance, it can sometimes be hard to tell who is responsible for an accident. Here are a few common apartment accidents in Texas and how a landlord’s negligence may contribute to them:
Balcony Rail Failures
Maintaining balconies is extremely important at apartment complexes to prevent a balcony railing collapse. But unfortunately, older complexes are often allowed to wither and decay as time goes on or the neighborhood changes and rent rates drop. As a result, apartments can become dilapidated and uncared for. Wood rot may allow screws and plates to tear away from the walls and suddenly the safety rail becomes a hidden danger when someone goes to lean on it.
Fires in apartment buildings can be especially devastating due to the possibility of damage to multiple units. Faulty wiring can cause a fire, and improperly installed smoke alarms may fail to warn residents of the danger.
Fall Hazards in Apartments
Landlords are responsible for keeping their property clear of fall hazards. These can include uneven and damaged walkways, ice and snow, and debris that may impede residents’ movement.
Inadequate Apartment Security
Though crime can happen anywhere, landlords have a responsibility to take appropriate measures to keep residents safe. Failure to implement reasonable safety measures, or allowing equipment like cameras or lights to remain broken for extended periods of time, may open a landlord or property manager up to liability. Reasonable safety precautions may vary from area to area but can include adding lights in the parking lot and along walkways, installing security cameras, and hiring security to patrol the property.
Ask Our Attorneys about Suing a Landlord for a Texas Apartment Accident
Have you suffered an injury due to negligence at your apartment building or complex? Simmons and Fletcher, P.C. may be able to help you recover compensation for your losses. Give us a call today to learn more about suing a landlord for an apartment accident in Texas.