Many cities in Texas have an array of beautiful and safe apartment buildings. However, injuries as a result of apartment accidents are always possible. Have you recently been injured at your apartment building because of hazardous living conditions? If so, you may be entitled to financial compensation to help you recover from a preventable accident. Read on and contact our San Antonio, Texas slip & fall lawyer to see how Sahadi Legal group can help you.
What are common causes of apartment accidents?
There are various types of apartment accidents, but the most common are slip and fall accidents. Injury may occur as a result of unsafe property conditions and a negligent landlord.
- Examples of unsafe property conditions would be:
- Unsafe stairwells or other walkways
- Mopped floors without a “wet floor” sign
- Inadequate security
- Broken smoke or carbon monoxide alarms
- Poor lighting
If you suffered an injury as a result of any of these conditions, you may have a case for a liability claim against the property owner.
Can I sue my landlord if I get injured at my apartment?
In order to sue your landlord, you must first prove negligence, which can be defined as failure to exercise care expected to minimize possible harm to others. For example, if the mailman slips on a patch of ice on the walkway on your property, you could possibly be sued for negligence. This is because you are expected the duty of maintaining a safe walkway. In the cases of apartment accidents, the landlord or property owner has the duty to maintain a safe living environment. In apartment accidents, a landlord can be considered negligent if they fail to maintain a safe property.
How can I prove landlord negligence?
In general, proving negligence in court consists of five main steps. They are as follows:
- Duty: The defendant had a duty to act a certain way. In apartment accidents, the landlord has a duty to maintain a safe property.
- Breach of Duty: The defendant failed to perform their duty.
- Cause in Fact: The accident was directly caused by the defendant’s failure.
- Proximate Cause: The defendant knew or should have known about the
- Damages: There must be definite damage that can be compensated for (such as medical bills).
Texas law is strict in cases of property liability claims, and to win a case you will need a sufficient amount of evidence to prove landlord negligence. Possible evidence could be photos, surveillance footage, or witness statements that showcase both the hazardous apartment conditions and the landlord’s failure to repair the safety hazard. With these pieces of evidence, you and your lawyer can prove that you were wrongfully injured.
How long after my accident can I sue?
The statute of limitations for personal injury in the state of Texas is 2 years. In other words, if you get into an accident, you have 2 years after your apartment accident to sue your landlord for negligence. If you believe you may have a case for landlord negligence after an apartment accident, our firm is here to help! Contact Sahadi Legal Group today to schedule a free consultation.
