Fell At An Apartment Complex in Harris County? Here Are Your Legal Options

If you fell recently at an apartment complex here in Harris County and believe the premises owners or management company are responsible, you may have legal grounds to pursue compensation through a civil lawsuit.

Texas premises liability law allows victims retain a lawyer to hold property owners, landlords, and management companies legally responsible for proving tenants, guests, and visitors reasonably safe conditions. But when any of these entities fail to address existing hazards, like broken stairs, unlit walkways, loose flooring, or water leaks, they could be held liable under the theory of negligence for your injuries and damages.

Our award winning Apartment Injury Lawyers have recovered have won some of the largest verdicts and settlements in Texas history and will help ensure you are provided the best opportunity at obtaining full compensation.

Consulting with an experienced Apartment Injury Attorney can help you fully understand your rights, preserve key evidence, and avoid missing crucial legal deadlines. At Sneed & Mitchell LLP, we handle every aspect of your premises liability case so you can focus on healing. Call us today at (866) 434-0014 for a free consultation to review your case and determine your best path forward.

Consult With An Apartment Accident And Injury Lawyer

Depending on the facts of your case, the petition filed by our Trial Lawyers with either assert a claim of negligence or strict liablity. But, in order for us to help prove your case, you have to act fast following the accident. Security footage, maintenance logs, and eyewitness testimony can quickly disappear in the days and weeks following your accident. So Retaining a personal injury attorney as soon as possible ensures proper investigation and preservation of evidence.

Your attorney will first help by determining who might be responsible for the fall. In many cases, the liable party is the property owner, the property manager, or even a third-party contractor who maintains or repairs parts of the apartment complex. This is known as premises liability law, which holds property owners accountable for injury claims related to residential safety.

As an example, let’s say you were walking down a poorly lit staircase at your apartment complex when you tripped and fell because a step was broken. In this case, the property owner or manager might be responsible if they knew or should have known about the common area hazard and failed to fix it.

Now, imagine a different scenario: a tenant had left personal items, like a bike or boxes, cluttering the hallway. If you tripped over these and fell, the liability could shift depending on whether the property manager had been made aware of the hazard and failed to act. Responsibility can vary based on the situation, so it’s important to carefully examine the specifics of your case.

Collect And Review Important Evidence

The strength of your case depends heavily on the evidence you or your lawyer can gather after the fall. Documentation is key in proving both liability and damages. Common forms of evidence in apartment complex injury claims can include:

Photographs & Eye Witnesses

Clear pictures taken of the scene immediately after the accident, including any hazards that contributed to your fall, such as broken stairs, uneven sidewalks, or wet floors. An attorney will be sure to capture the unsafe conditions from different angles, as this can provide context when evaluating the severity of the hazard. If anyone saw you fall or noticed the hazardous condition before your accident, get their contact information. Witness testimony can help corroborate your story and strengthen your case.

Incident Reports

Notify the apartment management or property owner about the fall as soon as possible. Request a written incident report, and keep a copy for your records. This report can serve as evidence that the property owner was made aware of the issue, which could be important if they claim ignorance later on. Similarly, your attorney may demand a record of complaints from the building’s landlord or management company, to see if reports were made and ignored about the hazards that caused your injury before it happened.

Medical Records

Even if you think your injuries are minor, seek medical attention. Not only can injuries sometimes worsen over time, but medical records serve as concrete evidence of the harm you suffered. Be sure to document all your symptoms, treatments, and medical bills for your attorney.

Determining Negligence And Your Right To Recover

To pursue legal action, you must prove that someone was negligent. In a premises liability case, negligence means that the property owner or manager failed to exercise reasonable care to maintain a safe environment.

To build your case, your attorney will consider these four essential elements of negligence:

Duty of Care

The property owner or manager was under a legal obligation to ensure the apartment complex was reasonably safe. This duty required proactive measures to identify and address hazardous conditions or to provide clear warnings about potential dangers. Failing to uphold this obligation constitutes a violation of the standard of care required of those responsible for maintaining residential property.

Breach of Duty

A breach of this duty occurred when the property owner or manager failed to adequately maintain the premises. Neglected repairs, unsafe conditions, or the absence of proper warnings created an environment that posed an unreasonable risk of harm to tenants or visitors. Such failures reflect a disregard for the legal responsibility to maintain the property in a safe condition.

Causation

The hazardous condition created by this breach directly resulted in the injury. If appropriate actions had been taken to address or warn about the danger, the injury would not have occurred. The causal link between the negligence and the harm suffered is both clear and well-established.

Damages

As a result of this negligence, the injury caused tangible harm, including physical injuries, medical expenses, and possible psychological effects such as PTSD. These damages are directly tied to the unsafe condition and form the basis for compensation under applicable legal principles.

In order to prove negligence, your attorney will document evidence, show cause and effect, and prepare counter-arguments based on what the opposing party may present to deny responsibility. Contact Sneed & Mitchell LLP at (866) 434-0014 to secure a team that will complete this work on your behalf, sparing you and your family time and stress, and ensuring you are fully compensated under the law.

Learn About The Types Of Compensation You Can Receive

If you’ve been injured due to negligence, you may be entitled to several types of compensation, known as damages. These can include:

Medical Expenses

This covers the cost of any treatments you needed as a result of the fall, such as emergency room visits, surgeries, physical therapy, and prescription medications.

Lost Wages

If your injury caused you to miss work, you could be compensated for the wages you lost during your recovery period. For more severe injuries that impact your ability to work long-term, you might also be entitled to compensation for future lost earnings.

Pain and Suffering

In addition to the financial costs, falls can lead to significant physical pain and suffering, emotional distress. Courts may award compensation for the physical pain, mental anguish, and decreased quality of life that results from an injury.

The Steps for Filing an Apartment Injury Lawsuit In Harris County

If you believe you have a strong Apartment Injury Lawsuit, you’ll need to take legal action to seek compensation. Here are the key steps involved in the process:

Secure an Attorney

Premises liability laws can be complex, so it’s a good idea to consult with a personal injury attorney who specializes in tenant rights and property owner liability. They can evaluate your case, help gather evidence, and guide you through the legal process.

Negotiate with Insurance Companies

Often, the property owner’s insurance company will be involved. Your attorney may try to negotiate a settlement with them before going to court. Be wary of accepting an early settlement offer without consulting your lawyer, as it may not fully cover your damages.

File a Lawsuit

If negotiations fail, your attorney may file a lawsuit on your behalf. From there, the case could go to mediation, arbitration, or trial, depending on the circumstances. In court, both sides will present evidence, and a judge or jury will determine if the property owner was negligent and, if so, how much compensation you should receive.

Consult With Experienced Apartment Complex Injury Attorneys

Falling can lead to a variety of injuries, some of the most common being fractures and broken bones, head injuries and TBIs, back and spinal cord injuries, as well as severe sprains, strains, and painful bruising. Falls are a significant cause of critical injury among older adults, and should be prevented and guarded against whenever possible.

Falling at an apartment complex can lead to a complicated legal situation, but one that an experienced lawyer is perfectly capable of handling on your behalf. By proving negligence, documenting the incident thoroughly, an attorney can work with you to maximize your chances of recovering compensation for your injuries. 

Reach out to the Injury Team at Sneed & Mitchell LLP at (866) 434-0014, or by filling out our confidential online form. Consultations are free, and can give you actionable information right away that helps preserve the integrity of your case going forward. Once represented by a proven law firm, the attorneys handle each of the steps necessary to resolve your case and put this traumatizing event behind you.