How Do Lawsuits Against Apartment Complexes Work in Texas?

In Texas, tenants or visitors can sue apartment complexes for many reasons, such as negligence related to safety issues, violations of health and safety standards, and more. It is important to know how these lawsuits work if you think your rights were violated or if you were harmed because of the apartment’s conditions or management.

Lawsuits typically arise from issues like inadequate maintenance, unsafe living conditions, security lapses, or personal injuries occurring on the property. To succeed in a claim, the injured person must demonstrate that the apartment complex management or owners were negligent in maintaining a safe environment, and that this negligence directly caused harm.

The process usually involves filing a formal complaint, gathering evidence, and negotiating with the complex’s insurance company. If no settlement is reached, the case may proceed to trial. This guide outlines the key steps involved in filing such lawsuits, the legal standards your attorney must meet to build an effective claim, and what you can expect throughout the legal process in Texas.

Contact Sneed & Mitchell LLP at (866) 434-0014 directly to discuss your circumstances and the important first steps to take for your case. Consultations are confidential and free of charge, and the sooner you secure representation, the sooner our attorneys can begin preserving evidence and protecting your rights.

When Are Apartment Complexes Liable In Texas?

In Texas, apartment complexes can be held responsible in certain situations, especially if they fail to properly ensure the safety of their residents and visitors. Some common situations where liability may arise include:

Negligent Maintenance

When an apartment complex doesn’t maintain the property properly, leading to unsafe conditions, it can be held accountable for any injuries that result. This includes things like broken stairs, faulty wiring, unsafe playgrounds, leaks that aren’t fixed, or poor repairs that either don’t resolve the problem or create new issues.

Inadequate Security

If an apartment complex doesn’t provide adequate security, such as proper lighting, working locks, or security personnel, and someone is harmed as a result, the complex could be liable. For example, if a complex in a high-crime area with a history of break-ins doesn’t repair broken security gates or install proper lighting in the parking lot, they could be responsible for any incidents that happen, like break-ins or assaults.

Failure to Address Known Hazards

If the property management knows about issues like mold, pest infestations, or structural damage but doesn’t fix them, they could be held liable for any harm caused. Mold, for instance, can cause respiratory issues, like asthma, and can lead to more severe health problems such as chronic sinus infections or lung damage, particularly in vulnerable individuals like children, the elderly, or those with weak immune systems. Management must take action to prevent harm and avoid legal responsibility.

Swimming Pool Dangers

Texas law says apartment complexes must follow strict pool safety standards, such as having the right fences, gates, locks, signs, requipment, and regular maintenance. If these rules are not followed, and someone gets hurt or drowns because of poor maintenance, lack of supervision, or unsafe areas, the apartment complex may be held responsible. Common problems include slip-and-fall accidents by the pool, broken equipment, or unsafe barriers that let children get to the pool without supervision and get hurt. If you or a loved one suffered injuries from a drowning, it is important to contact a Drowning Accident Lawyer as soon as possible.

Animal Attacks

Apartment complexes can also be held liable for injuries caused by animal attacks on their property, particularly if they were aware of a dangerous animal, such as an aggressive dog, and didn’t take proper precautions. If the complex allows pets, they are responsible for ensuring steps are taken to protect other residents and visitors. Failing to address known dangers related to wild animals can also result in liability for injuries caused by attacks.

A Basic Overview Of Premises Liability Lawsuits

Premises liability lawsuits happen when someone gets hurt on another person's property because the place is unsafe. Property owners, like apartment managers, have a duty to keep their property safe for tenants, visitors, and anyone else who comes around. If they don’t do this, and someone gets hurt, they can be held responsible under premises liability laws.

To win a case like this, the person suing has to prove a few elements about the property owner’s negligence:

Duty of Care

The property owner or manager has to make sure the property is safe for everyone who’s on it. This means fixing stuff that’s broken, getting rid of any obvious hazards, and keeping things in working order. They’re responsible for making sure that nobody gets hurt because of something they failed to take care of.

Breach of Duty

When the property owner doesn’t do their job and fails to keep things safe, that’s a breach of duty. This happens if they ignore problems that could cause harm, or if they don’t fix things that are obviously broken or dangerous. For example, if they know a step is cracked but don’t bother to fix it, that’s them failing to keep the place safe.

Causation

The unsafe condition has to be what caused the injury. So, the injury has to have happened because of the problem with the property. If someone trips on a broken stair that the manager knew about and didn’t fix, then that’s causation. But if the injury happened for some other reason, like the person not paying attention, then the property owner isn’t liable.

Damages

The person suing has to show that they actually suffered harm. This could be injuries, pain and suffering, or financial losses like medical bills or missing work. For example, if someone is injured from slipping on a wet floor, they need to show it caused real damage, like seeing a doctor or losing money from time off work. Emotional distress is also considered in these cases, accounting for conditions like anxiety and PTSD.

In these cases, gathering evidence is important. This includes things like photos of the unsafe condition, medical reports, and witness statements. A lawyer handles all this for you, making sure everything is ready and in order when the case goes to court.

In a lawsuit, gathering evidence like photographs, medical reports, and witness statements is crucial to proving the property owner's negligence. An attorney handles this work on your behalf, ensuring that relevant evidence is preserved and properly prepared for use throughout the legal process. Contact Sneed & Mitchell LLP at (866) 434-0014 to secure representation that involves all necessary aspects of case investigation, evidence documentation, and paperwork preparation within the legislative time limits.

Filing A Civil Complaint Against The Complex

Filing a civil complaint against an apartment complex involves a few important steps. First, the injured person and their lawyer need to collect evidence to support their case, such as photos, medical records, witness statements, or proof of lease violations. Then, a formal complaint is filed with the court, explaining the accusations, the legal reasons for the case (like negligence or breaking the contract), and what damages are being asked for. After that, the complaint must be served to the apartment complex or property management, who will have a certain amount of time to respond.

Retaining Case Experts To Examine Liability

Retaining case experts to examine and establish liability is a crucial step in many lawsuits against apartment complexes, especially in complex cases involving safety standards, maintenance failures, or technical aspects of construction. Their testimony can help clarify whether negligence occurred and if the property owners or managers failed in their duty of care. 

By providing a professional, unbiased evaluation, case experts strengthen the plaintiff's argument and help the court understand intricate details that laypersons may not grasp, making their input critical for proving liability.

Discovery: The Exchange of Evidence

Discovery is a crucial phase in a lawsuit where both parties exchange evidence and gather information to build their cases. During this process, each side can request documents, interview witnesses through depositions, and submit written questions known as interrogatories to the opposing party. Here is a definitional breakdown of each process:

Document Requests

Formal requests are made and fulfilled for relevant documents, such as maintenance logs, lease agreements, inspection reports, or internal communications. These documents can provide crucial evidence to support claims of negligence or unsafe conditions in the apartment complex.

Depositions

Depositions are formal, recorded interviews where witnesses or parties involved in the case answer questions under oath. Lawyers ask questions, and the responses are noted for use in court. This may include testimony from maintenance staff, property managers, or tenants who can provide insight into the apartment complex’s practices and potential issues.

Interrogatories

Written questions may be submitted by one party to the other, requiring detailed, sworn answers. In a lawsuit against an apartment complex, interrogatories might ask for specifics about the maintenance practices, any known hazards, or previous complaints from tenants.

The goal of discovery is to ensure transparency and prevent surprises during trial by allowing both sides to fully understand the facts, evidence, and arguments that will be presented. In cases against apartment complexes, discovery can reveal key information such as maintenance records, incident reports, security footage, or prior complaints. This process is essential for uncovering evidence that may support the plaintiff’s claim of negligence and liability or help the defense challenge those claims.

Seeking Injunctions Against The Owner or Management Company

Seeking an injunction against the owner or management company of an apartment complex is a legal remedy used when immediate action is needed to prevent ongoing or future harm. An injunction is a court order that compels the property owner or management to take, or refrain from, specific actions. Examples include fixing dangerous conditions, improving security measures, or halting evictions during legal disputes. An injunction can also demand that fixes not be made for a limited time if they would destroy evidence, such as replacing a defective lock and disposing of the original before pictures can be taken.

Plaintiffs may request injunctions if they believe their safety or rights are in imminent danger and that waiting for the outcome of the lawsuit could cause further harm. The goal is to address urgent issues while the case is being resolved, protecting tenants from unsafe conditions or preventing retaliatory actions by the property owner or management during litigation.

Mediation

Mediation is a voluntary process where both parties in a lawsuit, such as a tenant and an apartment complex, work with a neutral third-party mediator to try to reach a mutually agreeable settlement. Unlike a trial, mediation is informal and confidential, allowing both sides to discuss their issues openly without the pressure of a courtroom. The mediator facilitates the discussion but does not make binding decisions; instead, they help guide the parties toward a compromise. 

Mediation can save time and legal costs by resolving disputes without going to trial and often leads to a quicker resolution. It's commonly used in apartment complex lawsuits to negotiate settlements over claims like unsafe conditions or breach of contract, providing an opportunity for both parties to avoid the uncertainty of a court ruling.

Jury Selection

If mediation doesn’t work or isn’t an option, the case might go to trial. A key part of getting ready for trial is picking the jury. This is called "voir dire," which is the process of choosing people who will listen to the case and decide what happens. In a lawsuit against an apartment complex, both lawyers ask potential jurors questions to see if they are fit to be on the jury. The goal is to figure out if anyone has opinions or biases that could affect their judgment.

Both sides can get rid of some jurors. They can do this without giving a reason using “peremptory challenges,” or if there’s clear bias, they can remove them with a “for-cause challenge.” The idea is to pick a fair group of people who will make a decision based on the facts of the case. This step is really important because the jury can seriously affect how the case turns out.

Trial 

Trials in cases related to apartment complex liability are formal judicial proceedings where the evidence is presented before a judge and, in many instances, a jury. During a trial, lawyers for both the plaintiff and the defendant present their arguments, call witnesses, and submit evidence to support their claims or defenses. The plaintiff’s attorney must establish that the apartment complex was negligent or violated its duty of care, leading to the injuries or damages suffered. This process allows for cross-examination, where attorneys can challenge the credibility of witnesses and the validity of evidence. 

The trial concludes with the jury or judge deliberating and rendering a verdict on liability and damages. Many personal injury trials are settled before a verdict is reached, because once a judge’s decision is made, negotiations between parties are over, and the losing side must pay the full amount of damages ordered.

Proven Texas Apartment Complex Injury Attorneys

Bringing injury claims against apartment complexes in Texas needs lawyers who know a lot about premises liability law. These experienced attorneys understand how the court works and focus on helping tenants and visitors who are hurt because of unsafe conditions.

Using their skills and experience, apartment complex injury lawyers can gather evidence, negotiate settlements, and represent clients in court. They do all the hard work for their clients, making sure victims get the compensation they deserve for their injuries, without having to deal with legal research, paperwork, or deadlines.

If you or a loved one has suffered an injury in a Texas apartment complex, seeking the assistance of qualified attorneys can make a significant difference in the outcome of your case, and help secure a safer living environment for all tenants. Contact Sneed & Mitchell LLP at (866) 434-0014 to discuss your needs for compensation, safety, and justice. The sooner you call, the sooner our team’s resources can be put towards improving your family’s future.