Living in a rental property comes with various responsibilities and expectations for tenants and landlords. One critical concern is safety within the premises. If you have sustained an injury due to an incident in your Texas living space, you may wonder if you can sue your landlord.
Landlord’s legal obligations
Landlords are legally obligated to keep their rental properties safe and habitable. This duty is outlined in the Texas Property Code, which mandates that landlords must repair conditions that materially affect the physical health or safety of an ordinary tenant. Responsibilities include ensuring that common areas are free from hazards, fixing structural issues and addressing any other safety concerns.
Grounds for suing a landlord
To successfully sue your landlord for an apartment-related injury in Texas, you must establish that the landlord was negligent, which involves proving the following elements:
- Duty of care: The landlord had a legal duty to keep the property in a safe condition.
- Breach of duty: The landlord failed to fulfill this duty.
- Causation: The landlord’s breach of duty directly caused your injury.
- Damages: The resident-victim suffered actual harm or injury.
Common scenarios leading to premises liability lawsuits
Each case is different, but some everyday situations that give rise to a lawsuit against a landlord for an apartment accident injury include:
- Slip-and-fall accidents: If you slip and fall due to a wet floor, broken stair or other hazardous condition that the landlord knew about or should have known about but failed to address.
- Structural defects: Injuries resulting from structural defects, such as a collapsing ceiling or balcony, if the landlord neglects to repair or warn you about the danger.
- Inadequate security: If you are injured due to a criminal act on the property, and investigators determine that the landlord failed to provide adequate security measures.
Steps to take following an injury
If you are a renter injured in your apartment or space, it is crucial to take the following steps to protect your rights:
- Get medical attention: Your health is the top priority. Obtain medical treatment and keep records of all related expenses and diagnoses.
- Document the incident: Take photographs of the accident scene, gather witnesses’ statements and keep detailed notes about the circumstances leading to your injury.
- Notify your landlord: Write to your landlord about the accident and your injury. This will create a record of the incident.
- Discuss it with an attorney: Seek legal advice from a personal injury attorney who can evaluate your case and guide you through the legal process.
Securing damages is a process
By understanding your rights and the landlord’s responsibilities, you can better determine whether you have a valid claim. Proving negligence is essential, and taking prompt action after an injury can significantly improve the outcome of your case. A personal injury attorney with experience handling apartment building injuries can provide the necessary support and increase your chances of obtaining fair compensation for your injuries, including time away from work, pain and suffering and other damages.