I Was Injured at My Apartment Complex, What Do I Do?
Posted on July 26, 2016
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Apartment complex injuries are relatively common – especially when landlords and property owners are negligent. Apartment injuries can stem from structural flaws, poor maintenance, pests, water leaks or floods, slippery floors, fires, asbestos, and many other premises hazards. Luckily, if you have an injury from an apartment accident in Dallas, you may be eligible for financial recovery from your landlord.
Who Is Liable?
Your landlord might be liable for your apartment complex injury if he or she reasonably should have prevented the accident. In general, the law will hold a landlord responsible for tenant injuries from dangerous conditions that were not blatantly obvious and that the landlord did not warn the tenant about. If you reported a property defect and your landlord failed to make any reasonable attempts to remedy it, your landlord could also be liable for your damages. Landlords in Texas owe many duties of care to tenants according to state law.
Repair any condition that affects your physical health or safety
Repair issues in your apartment caused by normal wear and tear
Provide working smoke detectors
Equip the building with appropriate security devices
It is against the law to face retaliation from your landlord, such as getting evicted, for complaining about necessary repairs in your apartment. You may have the option of withholding rent if the repair is necessary for your physical safety and health. Otherwise, however, withholding rent could lead to a lawsuit against you. If you file a complaint and your landlord does not respond within a reasonable time, you might have grounds to file a lawsuit against your landlord. If a preventable apartment defect causes a serious accident and injury, your landlord could be liable for economic and noneconomic damages.
Does Renters Insurance Cover My Medical Expenses?
Many landlords make it mandatory to carry renters insurance as a tenant. This insurance is typically available for $10 to $15 per month. It protects you in case of an event that causes property damage, such as a robbery or flooding. Renters insurance will provide benefits to repair or replace damaged property at your apartment. If you have to live someplace else temporarily during apartment repairs, renters insurance can pay for your additional living expenses as well.Renters insurance can also help you pay for a visitor’s injuries if someone comes to your apartment and gets into an accident. If the injured visitor files a claim against you, your renters insurance could protect you from personal liability. One thing renters insurance will not cover, however, is your medical expenses after an accident. If you are injured due to an accident in your apartment or in the building, you will not have coverage through your renters insurance. You will need to seek coverage through your health insurance or a premises liability claim instead.
Who Do I Contact If I’m Injured at the Apartment?
If you get into an accident in your apartment, go to the nearest doctor’s office for an exam and injury diagnosis. Keep copies of all relevant medical records. Notify your landlord about the accident. Take photographs of the dangerous property defect that caused your injuries. Then, contact a Dallas apartment injury attorney for a free legal consultation. A Dallas personal injury attorney can investigate your apartment accident and let you know if you have grounds to bring a claim against your landlord or another party for damages. A slip and fall lawyer can help you with all the steps it takes to file a claim and fight for fair compensation. A premises liability lawsuit could hold your landlord responsible for your medical expenses, property repairs, lost wages, pain and suffering, legal fees, and other damages. A successful suit could also push your landlord to take his or her legal duties more seriously – potentially preventing future tenants from experiencing the same harm you did in the complex. Contacting the right attorney could make it easier to move forward after an apartment injury in Dallas.