Proving a San Antonio TX Premises Liability Claim Against an Apartment Complex

Landlords in San Antonio, as well as across Texas, have a duty of care to provide a safe property for tenants, and when they are negligent, a tenant may sue for injuries. A lawyer with experience in premises liability law can help you fight for compensation after you sustain an injury at your apartment complex.

If you’ve suffered injuries because of negligent conditions at your apartment building, contact the San Antonio TX attorneys at Carabin Shaw. We have decades of Texas legal experience and will help you protect your rights as a tenant. We provide a free consultation, and we offer our services on a contingency-fee-basis. That means you don’t pay us unless we win your case.

In civil court, issues concerning apartment complex liability in Texas occur because of negligence. Negligence is a civil wrongdoing that has four primary components:

1. Duty of care
2. Breach of duty
3. Harm (damages)
4. Causation of harm

Therefore, if you sustain injuries because your landlord failed to provide a safe living space, that landlord may be liable for your injuries. Examples of common apartment complex hazards your landlord may be liable for include broken stair railings or steps, debris in walkways, and inadequate lighting. These conditions are outside the control of the tenant, and the landlord must correct them or pay for the resulting injuries.

Your San Antonio premises liability attorney will need to prove negligence to build your premises liability case. You will also need to prove your injuries to claim damages.

In the state of Texas, your lawyer can claim economic and noneconomic damages in a personal injury claim. Premises liability damages include:

• Medical bills
• Lost income
• Pain and suffering
• Emotional anguish
• Property damage

Some apartment complexes require renters' insurance to protect personal belongings, and your attorney will help you negotiate with insurance companies and your landlord to reach a fair settlement agreement.

If a landlord was extremely reckless and did not correct a known hazard, the court may award additional punitive damages in your lawsuit. This is rare, but it might happen if a landlord did not make repairs after numerous complaints or left a gate open despite knowledge of a significant crime risk. Your legal team will help determine whether a landlord’s negligence rises to the level of gross negligence.

A successful premises liability case depends on evidence, and an injured party should keep all pieces of written or electronic communication to help their case. Your trusted Texas lawyer will argue fault, liability, and damages using the following types of evidence:

• Photos or videos of the property conditions
• Written and electronic communication
• Medical records
• Personal testimonies of the injured party and witnesses

It will help your attorney and your lawsuit if you can provide evidence that the landlord knew or should have known about the hazard. Strong evidence against your landlord can expedite the legal process and maximize your settlement. At Carabin Shaw, we encourage injured parties to read our client reviews to find out more about the positive legal outcomes we achieve for our clients.

Most landlords carry insurance that provides general and premises liability coverage, which means your personal injury case will probably involve a large insurance corporation with the resources to protect its best interests. Hiring an experienced premises liability lawyer gives you a similar advantage, so you protect your interests and get a fair settlement or judgment.

It is reasonable for a tenant to expect a safe living space when they rent an apartment, and when a landlord fails to provide a safe structure, the tenant shouldn’t have to pay for injuries. If you’ve suffered an injury because of landlord negligence, call our toll-free number at 1-800-862-1260 and speak to our English- and Spanish-speaking staff who are available 24/7 to speak with you.

For more information:

• https://www.law.cornell.edu/wex/negligence
• https://statutes.capitol.texas.gov/docs/cp/htm/cp.41.htm
• https://www.tdi.texas.gov/tips/renters-insurance.html