Apartment Building Injuries in Houston

Living in an apartment building may be an affordable way to live. Yet these complexes can open the door for serious injuries, including from stairwells, lobbies, hallways, and entrances.

Apartment building injuries in Houston range from severe accidents to a violent crime by an intruder. Depending on the type and cause of an injury, a victim may have a claim for compensation with the aid of a seasoned premises liability lawyer.

Causes of Injuries in Apartment Buildings and Liability

Living in a building run by another person, the landlord, or rental company, means that the individual has less control over their surroundings. Common areas are maintained by the building’s owner or manager, and injuries can occur in numerous ways.

Slip and falls can happen in common spaces due to spilled liquids, damaged flooring, broken steps, and clutter. Injuries could also come from electrical issues, lighting fixtures, and other maintenance-related issues. If an injury comes from these kinds of sources, then a plaintiff might have a premises liability claim, based on the responsibility of the property owner to keep the area safe.

If an injury comes from an outside cause, like a violent crime committed on the premises, then a victim’s claim could change. Instead of basing liability just on the owner’s duty, there could be a claim based on the owner’s negligence in securing the building, known as a negligent security claim. Proper lighting, security personnel, and locked entrances and exits are all the responsibility of the property owner, and a lack thereof could be the basis for such a claim in an apartment building.

Whether based on an accident or the malicious acts of a criminal, a plaintiff could have the right to sue the property owner for compensation. A Houston attorney could assist in bringing that claim for apartment building injuries

Claims for Compensation After an Apartment Injury

Claims based on both premises liability and negligent security come from negligence—the legal concept of holding people responsible for creating risk and injuries to others, even without intending to do so. Negligence usually requires proof of four elements—duty of care, breach of the duty, causation, and damages—with each type of claim varying in what constitutes a breach.

For a premises liability claim, poor apartment maintenance could be viewed as a lack of action that causes the accident and injuries. For negligent security, on the other hand, a breach might be a property owner’s failure to provide certain safeguards in the context of the surrounding area, like when the apartment building is located in a high-crime neighborhood.

Statutes of Limitations and Apportioning Fault

The specific facts of a case will determine the type of claim brought by a plaintiff, but some general rules will apply in most cases. For example, the statute of limitations is only two years, as set by Texas Code § 16.003. Failing to file a claim within that time period can see a person lose their opportunity for compensation.

Texas also uses a system of negligence that apportions fault to everyone involved, including an injured party. If found partly responsible for their injuries through their own negligence, a person could see their compensation reduced under Tex. Civ. Prac. & Rem. § 33.012 and § 33.001. A person found by a court to be more than 50 percent responsible can lose their compensation all together.

Working with an attorney after an injury in a Houston apartment building can help someone figure out what claim to bring, how to build their case, and what evidence will be necessary for the claim to be successful.

Discuss Apartment Building Injuries with a Houston Attorney

Suffering an injury from an accident can impose significant costs, and being the victim of a violent crime in your own building can inflict emotional and psychological trauma on top of physical injuries. Making a compensation claim can help you recover and maintain their quality of life into the future.

A personal injury attorney can assist with claims based on apartment building injuries in Houston, both by supplying legal knowledge and by creating a base of support for you. Call our offices for a free case consultation after an injury.