This article continues our series on potential premises liability claims against Fort Worth, Texas property owners. Our last article discussed when a homeowner may be liable for a slip and fall. It is important to understand that residential property owners must take reasonable steps to keep the property safe for invited guests. An experienced attorney can help you to determine if that duty may have been breached. In this article, we will discuss when landlords may be responsible for injuries occurring at a rental property or apartment complex. If you are in need of assistance then contact us today to speak with a personal injury lawyer.
Fort Worth landlords have a duty to keep their rental units and common areas reasonably safe
The owners of apartment complexes and rental properties owe a duty of care to tenants and those allowed to visit the property. This duty of care requires them to take reasonable steps to ensure that the interior of the property, as well as any common areas, are reasonably free from hazard. Common areas can include community swimming pools, community gyms, stairs leading up to an apartment unit, and more. If a rental unit or a common area is not properly maintained, and someone is injured as a result, then the landlord may face liability. Whether or not the landlord is taking “reasonable steps” to safeguard the property is highly dependent on the facts of the matter.
It is best to explain the foregoing through an example. Suppose Jack Tenant has just moved into his Fort Worth apartment earlier in the day. In the evening, after the sun has gone down, he wishes to take his garbage down to the community dumpster. The area where the dumpsters are kept is not properly lit, and there is a pothole in the pavement leading up to the dumpster. Jack steps in the pothole, falls, and breaks his ankle. It is later discovered that the pothole has existed for six months and the landlord did not repair it or even put out warning signs. Under this scenario, the landlord may face liability. This is due to the fact that a) they did not properly light an area which people are likely to visit at night, and b) they took no action to repair or warn others of a dangerous condition (the pothole). Jack may well have a claim against the property owner for negligence.
A personal injury lawyer can help Texas residents identify the responsible parties in a landlord liability case
It is possible that there will be multiple liable parties in a landlord liability case. Suppose, for example, that an investor owns a rental property. Now, suppose that he or she utilizes a property management company to maintain the property, screen tenants, collect rent, etc. If a tenant or authorized visitor is injured on the property then, depending on the circumstances, they may have a cause of action against both the owner and the property manager. In addition to negligence against both, there may be causes of additional action against one but not against the other. An experienced attorney can help you determine the best way to proceed in such a situation and to identify all potentially liable parties.
If you or a family member has been injured at or near a rental property then contact our office today to speak with a Fort Worth personal injury lawyer. Our firm has multiple attorneys who are Board Certified by the Texas Board of Legal Specialization and we believe in standing up for the rights of individuals. We are proud of the level of representation which we provide and we look forward to being of assistance. Contact us today to schedule an initial consultation. We serve those in Fort Worth, Arlington, Dallas, and throughout the state of Texas.