Texas Landlord Premises Liability: The Responsibility for Tenant Safety
In Texas, a property owner that is leasing their property, whether it is an apartment complex, a home, or a duplex, owes a duty of care to their tenants which requires them to make sure their property is reasonably safe. If they are found to be in breach of this duty of care, they may be held liable for injuries sustained on their property.
What Minimum Requirements Must a Landlord Meet?
Because there is a contractual relationship between a landlord and the lessee or tenant, the landlord must exercise ordinary care to keep the rental property safe. This may include ensuring required safety devices are in place prior to the tenant moving in, that safety devices are in working order, that the tenant is protected from any dangerous conditions the landlord knows about or should reasonably know about, and that the property has been inspected and the landlord has repaired or warned the tenant about any dangerous conditions.
Further, the owner of an apartment complex is responsible for providing safe premises beyond the confines of the space generally occupied by the tenant. Stairs, sidewalks, banisters, and swimming pools are all items which the complex owner must ensure meet regulatory codes and are adequately maintained.
What are Some Examples of Damages for which a Property Owner Can Be Held Liable?
There are a multitude of instances in which a landlord can be held liable for injuries. Some common examples of landlord premises liability include:
- Injuries caused by a faulty condition which the landlord previously promised to fix but failed to repair in timely manner.
- Injuries caused by a faulty condition which the landlord or an employee of the landlord repaired in a careless or negligent manner.
- An injury caused by a hazardous condition that was known by the landlord but not known or apparent to the tenant at the time the lease was made.
- Injuries caused by poorly maintained banisters or railings.
- Injuries caused by hazards that would otherwise violate building codes.
- Injuries caused by the landlords general neglect of safety law.
- Injuries and illnesses caused by poor ventilation, hazardous building materials, or mold.
What Should I Do After a Premises Liability Accident?
If you or a loved one were injured on someone’s property and you believe the injuries were the result of the property owner’s failure to provide reasonable protection, following these steps may help build your landlord premises liability case.
- Seek medical attention for your injuries
- You should seek medical attention for your injuries before taking any other action.
- Report the incident to the owner or manager of the property
- Make sure to get a copy of the incident report
- Take pictures of the area where the accident happened
- Photos with a date and time are important, because evidence could be removed
- Get names and phone numbers of any people who witnessed the accident
- Witnesses will help prove your story in the future
- Call an experienced injury attorney
- Thomas J. Henry Law injury attorneys have the experience and resources necessary to retrieve the compensation you deserve for your injuries
Thomas J. Henry Are Leaders in the Field of Premises Liability Lawsuits
Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.
Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Law. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.