Apartment Building Injuries in Houston

If you have suffered injuries or other losses in an avoidable accident while visiting an apartment building, you could have legal grounds for a lawsuit. Claims for damages caused by an apartment building manager’s negligence fall under an area of law called premises liability.

State laws require the person responsible for maintaining the area to keep the premises reasonably safe for tenants, guests, and other visitors. If you need help after sustaining any apartment building injuries in Houston, call one of our hard-working premises liability attorneys.

Common Hazards Leading to Accidents at Apartment Complexes

Examples of common hazards leading to accidents and injuries at apartment complexes include: 

• Slip-and-fall hazardous conditions, such as uneven surfaces, broken stairs or handrails, insufficient lighting, and wet and slippery walkways 
• Inadequate security in areas with higher crime rates, leading to robberies, assaults, and other criminal activity
• Improper fencing, lack of supervision, or unsafe conditions around swimming pools
• Faulty and defective appliances, such as poorly maintained elevators, electrical hazards, or malfunctioning water heaters
• Fire hazards, such as a lack of working smoke detectors, escape routes, or fire extinguishers

A Houston attorney knowledgeable about apartment building accidents could help determine if you have cause for legal action.

Legal Duty of Care 

Property management companies and landlords have a legal duty to exercise prudent care and maintain the property, ensuring the apartment complex is safe. They should make repairs, warn visitors about any risks until the repair is complete, and ensure the common area is secure. Their duties also include taking adequate security measures when the complex is in an area with a higher crime rate.

Proving Negligence

To establish the landlord or property management company is liable for damages for an accident leading to injuries in a Houston apartment building, you must prove negligence, such as: 

• The person responsible for the property knew (or should have known) about the hazardous condition
• The defendant failed to take the appropriate steps to repair the problem and warn tenants, guests, and property visitors until they had completed the repair
• The defendant’s carelessness was a direct cause of the accident and injuries
• The injured party sustained damages, which may include injuries requiring medical care, lost wages, and pain and suffering

There is no case for damages unless you have convincing evidence of each component necessary to prove negligence.

Modified Comparative Negligence and Statute of Limitations

State personal injury laws follow a modified comparative negligence rule for shared fault cases. According to the instructions provided in the Texas Civil Practice and Remedies Code § 33.001, if the civil court finds that you are up to 50 percent responsible for the damages, it will subtract your part of the fault from the total award for damages. However, if the court determines that you are 50 percent or more at fault, it will bar you from obtaining a settlement. While the court still allows recovery of damages if you share a small percentage of liability, it will diminish the potential settlement you are entitled to collect. 

According to Texas Civil Practice & Remedies Code § 16.003, you must file suit within two years of the date of your injury or risk losing your right to pursue compensation. Our lawyers have experience handling cases regarding apartment building accidents in Houston, and we could help you estimate the potential recoverable monetary damages under the modified comparative negligence rule and ensure you file on time.

Contact a Qualified Attorney To Learn More About Houston Apartment Building Injuries 

If you sustained injuries at the property complex where you reside or were visiting, you have every right to expect the person responsible for the premises to pay. Property owners, possessors, and managers have a legal responsibility to ensure the grounds are safe to prevent harm to residents, guests, and visitors.

Our qualified lawyers are experienced with cases involving apartment building injuries in Houston and could help you get through the complex process and collect a just settlement. Call us to schedule an appointment today.