Articles

August 31, 2023

Injured At An Apartment Complex

Personal injury law covers premises liabilty. If you have been injured at an apartment complex you may have a claim under these laws. This means if you have been injured on the property of a homeowner, business, or a Houston apartment complex, you may be able to sue the owner because they failed to protect you from the possibility of an injury.

Residents, or even visitors, to an apartment complex expect to be safe in the apartmentcomplex. The owner or keeper of the property has a responsibility to maintain the property. This means fixing faulty railing, keeping sidewalks free of any impediments, keeping security systems operating properly, and a number of other tasks that they can anticipate will be a hazard.

Whether you live in, visit, or make a delivery to the apartment complex, an injury that happens there may fall under Texas premises liability laws. These laws require property owners to keep their premises safe for authorized tenants, visitors, vendors, and employees. As a leading Houston personal injury lawyer, Richard Paxton understands premises liability law and has helped many clients obtain needed compensation for damages incurred as a result of negligence of the owner or keeper of the property.

Duty Of Care

Property owners are responsible for keeping their properties maintained and free from hazardous conditions, known as “duty of care.” Most owners, including landlords, have liability insurance coverage for their property, to cover personal injury claims. But your personal injury lawyer will need to show that the landlord did not follow the duty of care when:

They knew or should have known about the hazard
They knew or should have known that the hazard could lead to injuries
They failed to take reasonable steps to correct the hazard or to give a warning about the hazard
This failure led to injuries.

Inadequate lighting, loose steps or handrails, cracked sidewalks, leaks, and other maintenance issues can lead to accidents and injuries.

Negligent Security

The crime rate throughout Houston is likely on your mind. When you get home after work, you expect within reason to be safe in the parking lot or as you approach your unit. Tenants may be left vulnerable to crimes around their apartment complex if the owner failed to maintain security.

“Adequate” security varies from complex to complex. What’s sufficient in one location may not be enough in another. Landlords can provide measures such as:

Security cameras in public and common areas
Vetted and trained security guards on the grounds
Adequate lighting around buildings, in parking areas, and in hallways
Properly secured windows, doors, and gates
Maintaining alarms and emergency exits
Identifying and dealing with a history of criminal activity either on the property or in its vicinity.

When a landlord or property owner fails to make an appropriate effort to improve or maintain security, a victim of an attack may be able to sue the owner under premises liability of personal injury law.

It is not easy to prove negligence. That is why you need a good personal injury to fight on your behalf for compensation.

Negligence And Foreseeability

Once a landlord is notified of a hazard, they should take immediate steps to remedy the problem. If they do not, they may be negligent if someone is injured at the complex.

Even if not reported, if the landlord knew or should have known that something could happen, it is considered foreseeable, and they could be liable for the injuries. As the plaintiff, you would be required to show both negligence and foreseeability to win the claim. As you can imagine, without an experienced attorney to demonstrate your claim, you may have trouble proving negligence and foreseeability.