Related Articles

Premises Liability Overview
Premises Liability Basics
Difference Between Premises Liability and Negligence
Proving Property Owner Negligence
Is a Property Owner Liable or Crime-Related Injuries?
Apartment Complex Liability
Apartment Complex Premises Liability
Top 5 Risks at an Apartment Complex
Apartment Complex Liability – Swimming Pool Accidents
Apartment Complex Liability – Intentional Torts and Crimes
Apartment Complex Liability – Defective Sidewalks, Stairs, etc.
Apartment Complex Liability – Toxic Mold
Apartment Complex Liability – Failure to Provide Adequate Security
Apartment Complex Liability – Falling Injuries
Example Apartment Complex Case We Litigated
Dog Bites
Dog Bite Injuries
Apartment Liability for Dangerous Animals
Houston Municpal Code Regarding Dog Bite Injuries
Liability for Non-Owners
Standard of Care for Easement Owners
Possessor’s Duty to Warn and Make Safe
How to Determine Possession in a Premises Liability Case
Defense
Common Defenses Used in Premises Liability Cases
Comparative Fault in Premises Liability Cases
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Premise Liability basics

Premise Liability vs. Standard Negligence

Houston Personal Injury Lawyers » Premise Liability vs. Standard Negligence

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What is the Difference Between a Premises Liability Claim and a Standard Negligence Claim?

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Many people think that anytime they are injured while on the property of another person that the property owner is responsible for their injuries. A property owner can be liable under the doctrine of premises liability or negligence, but determining which theory applies to your case is crucial. The standard of care which the property owner owes to the plaintiff is determined by whether the claim is based upon premise liability or standard negligence. Every case is different and should be evaluated by an experienced attorney who may assist you with your personal injury claim.

What is Premise Liability?

This legal doctrine is the theory that land owners and people who are in the possession of land may be held liable for injuries that you suffer while on their property. The duty of care the land owner owes you is directly based on your status as a visitor. For example, a land owner owes a greater duty of care to an invitee than he would to a trespasser. If you’re a shopper at a retail store the store owner owes a greater duty to you as an invitee while you shop around than if you go beyond specified boundaries and become a trespasser. So what kinds of accidents qualify as premise liability?

If you are injured on the defendant’s property and the dangerous condition causing the harm is also on the defendant’s property then this scenario would be classified as a premises liability claim. This is probably the simplest case of premises liability. After this situation is established, you will need to consult with your lawyer about what your personal status was at the time of the accident to then specifically assess potential damages that the property owner may be obligated to pay.

Another reoccurring scenario is when the plaintiff is injured while on the defendant’s property, but the defendant’s negligent activity which caused the harm was not ongoing at the time of the accident. Now, you’re probably wondering what ongoing activity means. Basically, ongoing activity refers to the specific negligent action by the defendant that caused the injury.

For example, say the defendant was mopping the floors and failed to clean up the excess water when they finished which then causes you to slip and hurt yourself. Because the defendant had finished mopping the floors and was completely done with that activity, the action is considered not ongoing and your claim would be based on premise liability.

The Shift from Premise Liability to Standard Negligence

However, this is where a shift is created in the law. Say the defendant was in the process of mopping the floors when you slipped and hurt yourself. Because the defendant was still actually participating in the activity when you were injured, the action is considered to be ongoing. And if the plaintiff is injured while on the defendant’s property by the defendant’s negligent activity that was ongoing at the time of the injury then the personal injury claim is based on negligence.

This shift in legal theories can be very complex and challenging to identify for someone who is unfamiliar in dealing with these types of personal injury claims. Our attorneys at Grossman Law Offices are very knowledgeable and will help better explain these theories of liability to you when we discuss your case in further detail.

Additionally, when a plaintiff is not on the defendant’s premises, but is injured due to a dangerous condition which is on the defendant’s premises this claim would be considered standard negligence. For example, say the land owner has a very large tree on their property. The tree is very tall, but after years of decay has become very unstable and has developed a severe lean. If a strong storm develops and knocks the tree over causing it to hit your car resulting in you suffering physical injury, you would have a claim against the land owner based on negligence.

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Because the owner did not use ordinary care to remove the danger, and you were injured you may be entitled to compensation from the landowner. But since you were not on the land owner’s property, you would not be entitled to compensation based on premise liability.
Premise Liability Requires that You Must Be on the Defendant’s Property

So what is your claim based on if you are injured by the defendant’s negligent activity, but you are not on their property? This case would just be based on standard negligence. Furthermore, it is likely not even relevant to the court whether the activity was ongoing or not. Either way, you would have a negligence claim against the defendant for their actions.

Anytime you are injured, whether it is due to premises liability or standard negligence of another person, you should always seek the guidance of a qualified attorney. Our attorneys at Grossman Law Offices have been practicing personal injury law for over 20 years and are very experienced in handling both premises liability and standard negligence claims. If you have been injured and would like to discuss your potential claim, contact Grossman Law Offices at 1-855-392-0000.

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Proving Property Owner Negligence

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How to Show, or Prove, the Negligence of a Property Owner in Relation to a Premises Liability Case

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Michael Grossman has been fighting for victims` rights for over 20 years. Call Mike to discuss your case. 1-855-392-0000

Houston is a very dynamic metropolis with numerous shopping centers and restaurants featuring some of the best food in the state. With all of these varying types of properties, the different types of injuries you may suffer are vast and the odds of you being injured are increased. If you suffer an injury due to negligence of another person, the property owner may be responsible for your damages.

How Do We Prove The Property Owner Was Negligent?

There are various ways in which we can prove that the property owner was negligent. If you were a trespasser and injured on another person’s property we may be able to establish that the property owner intentionally concealed a defect which hurt you. If the property owner knew that you would not be able to discover the harm they should be found responsible for your resulting injuries.

If you were at the Hotel ZaZa in Houston you would be considered an invitee and the property owner would be responsible for any negligence. There is a very popular bar at the hotel and many patrons will frequently take drinks out of the bar and into the lobby area which has marble floors. If someone spills their drink, the floor would become incredibly slick and you could easily slip and fall.

It is the property owner’s responsibility to regularly inspect the premises for dangerous conditions and is required to remove them to protect you. Essentially, we can prove negligence in this situation by establishing that the water was spilled, the property owner failed to clean it up, and when you slipped on the wet floor you were classified as an invitee. Therefore, a large part of proving the property owner was negligent is proving that you were first owed a duty of care.

What Standard of Care Does the Property Owner Owe Me?

This question is incredibly complex. Simply put, the standard of care the property owes you is dependent upon your status as a visitor. You can be classified as a trespasser, licensee, or invitee. If you are a trespasser, you are wrongfully on the property and you are owed the least care.

While the property owner cannot intentionally cause you harm, they are not required to remove any known dangers which might hurt you. In Texas, property owners are simply required to warn any expected trespassers about dangers which are likely to harm the trespasser.

The duty owed to a licensee is very similar to that of a trespasser, but they are owed a slightly greater duty of care. Anytime you visit your friend’s house, or venture on to your neighbor’s property to retrieve a personal item you are considered a licensee. Again, property owners are not required to repair any known dangers, they are simply expected to adequately warn the licensee about any hazards which they expect might harm the visitor.

Finally, invitees are owed the greatest standard of care. When you visit any type of grocery store in Houston, any restaurant, the Galleria shopping mall, or even your local office you are considered an invitee. Basically, you are an invitee anytime you are on a property solely for business purposes.

As an invitee the property owner must do their best to remove any hazards on the property and are required to actively inspect the property for liabilities. If they fail to provide a safe premises it is likely that it was caused by the property owner’s negligence.

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Once our attorneys establish which status you were classified as at the time of your injury, we can then work to effectively prove that the property owner violated their duty of care and thus was negligent.

Proving property owner negligence and resulting liability can be incredibly challenging. Our attorneys at Grossman Law Offices have been proving negligence claims for over two decades. We are very experienced in proving your injury claim and helping you seek the money in which you deserve. For assistance in filing a claim against the property owner who you believe is responsible for your damages, call Grossman Law Offices at 1-855-392-0000.
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Premises Liability for an Assault or Robbery

Houston Personal Injury Lawyers » Premises Liability for an Assault or Robbery

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Can Property Owners be Held Liable for Criminal Acts That Happen on Their Property Such as Assault, Battery or Robbery?

Many people are injured everyday by people intentionally causing them harm. People are robbed, beaten, and had even worse crimes committed against them by awful people who only wish to cause suffering. With knowledge that there are people like this in the world certain property owners and possessors have an obligation to take preventative action in order to deter this kind of behavior. There are multiple locations and places that we visit on a daily basis that are prone to these types of sinister crimes. It is the shopkeeper, bar owner, and apartment manager’s responsibility to adequately ensure that you are safe when you’re on their property. If you are intentionally harmed while on the property, the owner or possessor may be responsible for your injuries and our experienced attorneys at Grossman Law Offices can help you receive compensation for your losses.

What Types of Properties are Prone to Criminal Attacks?

Some properties have a greater chance of experiencing crime. For instance, a church is not usually a breeding ground for criminal elements. Rarely do you hear about larceny at a church or an assault in a church parking lot. However, you frequently hear about innocent people being attacked at local bars and people being mugged at gas stations. You have a much greater chance of being harmed at these types of locations. Places like restaurants, bars, hotels, gas stations, apartment complexes, shopping malls, hospitals, and parks have a much greater risk of criminal activity and therefore the owners or possessors have a greater responsibility to ensure your safety.

The Possessor or Owner of a Property May Be Responsible for Your Injuries

Some properties are more prone to having crimes occur. Due to the area they are located or the types of patrons they attract, some properties are predisposed to crime and the odds of a crime being committed against another person while they are on the property are intensely amplified. If a person owns or possesses a property which they know is likely to have crime occur, it is their duty to deter or prevent that crime in order to protect you. This might mean they are expected to hire more security, increase parking lot lighting, or install some sort of security system or gate.

Property owners in this situation act reasonably to adequately provide sufficient security and protection for you. If the owner or possessor fails to take these extra precautions, the odds of crimes like assault, robbery, rape, and murder occurring are dramatically increased. Their failure to act cautiously has increased your potential for injury and therefore, under the theory of premises liability, they may be held responsible for your damages.

Many Businesses are Responsible for Negligent Hiring

Often a property owner or possessor has failed to take extra precautions resulting in the hiring of a dangerous person who then intentionally harms you. Many jobs require a background check before they can hire you. However, many businesses choose not to utilize this method of discovery before hiring because it is costly and time consuming. Businesses try to cut expenses everywhere they can and management often views this check as unnecessary and unlikely to produce anything substantial. So, in an effort to save money and time, companies will not run background checks when they hire people.

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For example, many apartment complexes have multiple people working on the property. Most have numerous management staff and maintenance people who have almost unlimited access to every apartment in the complex. In some instances, apartment complexes will fail to run a background check and consequently do not discover that their employee has a history of violent crimes.
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If that violent criminal attacks you or your family while you are on the property, then the apartment complex may be liable for your injuries. They may be responsible under the theory of premises liability because they failed to take adequate precautions to ensure your safety and security.

Grossman Law Offices has been helping victims like you for over 20 years. Our attorneys have a great deal of experience in handling all kinds of personal injury cases including injuries caused by intentional crimes like assault or robbery. If you are the victim of an assault or robbery you may be entitled to compensation from the property owner or possessor. To discuss your potential claim and your legal rights contact Grossman Law Offices at 1-855-392-0000.
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Apartment Complex Liability

Suing an Apartment Complex for Premises Liability

Houston Personal Injury Lawyers » Suing an Apartment Complex for Premises Liability

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Bringing a Claim or Lawsuit Against an Apartment Complex for Injuries Caused by a Premises Defect or Hazard

If you currently lease an apartment from a private party or some company you may be unaware of the obligations that they owe to you as a tenant. These duties are unavoidable to the parties responsible for your living area and when they fail to fulfill them, they may be subject to liability. Owners of real property in the state of Texas must ensure that such property does not have any hazards that could possibly injure someone. Therefore, if you have been injured due to some condition in your apartment or in the surrounding areas of the property or complex that you reside in you have a right to be compensated for these losses.

The way in which you may recover is through a premises liability lawsuit. Premises liability lawsuits hold a landowner responsible for any tort that occur on their property. Any hazardous conditions such as water in a common area, lack of adequate security or failures to maintain the apartment units may be grounds to impose liability. Premises liability lawsuits require certain elements to be proven in order for you to be able to receive the recovery that you deserve. In addition, there are procedural guidelines that must be adhered to in order to prevent your cause of action from extinguishing. This is why it is so important that you have an attorney that is experienced in this area of the law handling your cause of action. The attorneys at Grossman Law Offices have been litigating personal injury lawsuits based on premises liability for 22 years and because of this we have garnered incomparable experience and training.

How Does Premises Liability Work in an Apartment Complex?

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As either a guest or a tenant of an apartment complex, if you are injured you may recover against the party that is obligated to maintain that property. This is the case whether your accident occurred due to some hazardous condition or an area that was not properly maintained. However there are certain rules that are specific to landlords and tenants in premises liability.

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What is the Landlord Responsible for?
Basically, the landlord of the apartment is responsible for any area outside of the apartment such as the hallways or public areas. In addition, they are responsible for the items in the apartment unit itself that cannot be moved such as the floors and appliances.

What am I Responsible for as the Tenant?
As a tenant you are responsible for any items that you have placed inside of your apartment. Therefore, if the injury was caused by some condition that you created in your own apartment then there may be some obstacles to your ability to recover in a premises liability lawsuit. In addition, there are some defenses to your ability to recover that the landlord may use if the dangerous condition was known to you and you failed to notify your landlord so that they could repair it.

Premises liability lawsuits are complex, especially when dealing with the particular laws that are applicable to landlord tenant situations. However, with an experienced attorney handling your case you may recover a sizable sum in compensation for your injuries. That is exactly what we can provide you with at Grossman Law Offices. Our attorneys are dedicated to making sure that our clients are satisfied with the outcome of their causes of action and we will offer you the same dedication in your potential lawsuit. To discuss the specifics of your theory of recovery, contact us at 1-855-392-0000.
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Top 5 Risks at an Apartment Complex

Houston Personal Injury Lawyers » Top 5 Risks at an Apartment Complex

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The Top 5 Most Dangerous Premises Liability Risks at an Apartment Complex

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Many people in the Houston area live in apartment complexes. The reason why Houstonians choose apartment complexes is because they are cheaper than a house and they are easier to maintain because they are supposed to be kept up by a landlord. Sometimes this is not the case and accidents occur because of the landlord’s lack of care and maintenance.

A landlord has a duty to provide a livable environment for its tenants. They also have a duty to make sure that the common areas of the apartment complexes are safe and up to code with the city. A landlord is not supposed to create an unnecessary safety risk for its tenants. A landlord can be also be held liable for a tenant’s guest or someone who is invited on the property that is doing business with the apartment complex.

Top 5 Risks

The five most common risks that occur at an apartment complex in Houston are slip & fall, fire, crime, swimming pool related accidents, and black mold.

Slip & fall are the most common accidents that can arise in an apartment complex. Slip & fall injuries can occur for various different reasons. They can be caused by the stairs being defective, a balcony was broken or unstable, cracks were in the sidewalks, or the handrails were faulty. Since the landlord failed to have the defects repaired he or she can be held liable for your injuries.

Crime can occur just as often as slip & fall accidents. The reason why crime is on the rise in apartment complexes is because a landlord could have failed to provide better lighting in dark wooded areas or where there is lack of security.

Swimming pool accidents are becoming a frequent risk in apartment complexes. Many apartment complexes in the Houston area house residents that have children. Children love to play in and around the pool. A landlord can be liable for a swimming pool accident if he or she does not maintain the area around the pool by keeping the gates locked after hours, or not providing a gate around the pool. A landlord can also be held liable if they did not properly display warning and safety signs around the pool area.

A fire in a apartment complex can occur because of the landlord’s negligence. For example, your landlord could have failed to replace the faulty wiring in the building which is easily preventable. This can also be a violation of the city building code as well.

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Michael Grossman has been fighting for victims` rights for over 20 years. Call Mike to discuss your case. 1-855-392-0000

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Because Houston is considered a hot and humid environment, the increase in mold can cause problems in an apartment complex. Black mold is considered dangerous and, if exposed to it for a long period of time, then it can cause severe injuries or even death. A landlord is supposed to make sure that the apartment complex is safe from the dangers of black mold. The landlord is supposed to take the necessary steps to remove black mold if it exists or warn you of the presence of black mold. If the landlord does not then they are liable for your injuries.

For over 20 years, Grossman Law Offices has been representing clients in the Houston area. Our attorneys take pride in seeking justice for our clients and awarding them with the adequate compensation that they deserve. Call our office today at 1-855-392-0000 to receive a free consultation.
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Apartment Pool Drownings

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When is an apartment complex liable for a swimming pool-related injury or drowning?

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There is nothing better than relaxing by your apartment’s pool on a scorching hot day in Houston. Sometimes these relaxing days can end in tragedy as a drowning can occur at these pools just the same as they can occur at any other pool. Many factors can increase one’s likelihood of being a drowning victim; alcohol, unsupervised children are all causes that have been known to increase the likelihood of tragedy. Even if one of these factors contributed to your loved one’s drowning accident, you may still recover for your loss. All apartments owe their residents a duty of safety that will be discussed throughout this article. If you’re loved one has drowned or suffered injuries while at an apartment pool, be aware of your rights. The attorneys at Grossman Law Offices are here to help you get the recovery that you deserve. We have over twenty years of experience in the practice of personal injury law and can provide you with the assistance you need to be successful in your claim.

How Are Apartment Managers Responsible?

Apartment owners and managers owe a duty to provide a safe environment for their residents and their guests, failure to do this will allow you to recover for your damages. There are several actions that apartments can do or fail to do that may cause them to be liable for injuries.

Protection for Children

Apartments must provide safety measures for their pool from children. Children being the largest age group of drowning victims are understandably attracted to pools. Actions such as making sure the pools are surrounded by a fence, ensuring that latches are in good working condition, as well as ensuring that their pool complies with the Baker Pool Safety Act, are all required. The Baker act provides that pool drain covers should be used in order to prevent entrapment or entanglement accidents. Other measures that should be taken are signs warning of potential dangers and stating that children should not be left unsupervised. Apartments also have a responsibility to make sure that the pool and pool equipment is properly maintained. If an accident occurs and any of the above measures are not fulfilled, you will likely have a viable claim against the apartment complex.

Protection for Intoxicated Individuals

All the safety provisions that are made available for the protection of children should also be there for the protection of intoxicated individuals. It is not a secret that when you consume alcohol you do not have as good of control over your motor skills as compared to a person that is sober. It is these reasons that apartment complexes must take safety precautions for the protection of these individuals as well. Many Houston area apartments have resident events where alcohol is served. In these situations the apartment managers have a responsibility to ensure that their residents are not over served. If they over serve the resident or the resident otherwise injures themselves when the apartment failed to take a proper safety action the apartment would again be held liable.

Comparative negligence

Why are apartments held liable when it sounds like it may be partly the victims fault? The concept of comparative negligence is the reason for this. Comparative negligence is the way of determining if you are able to recover damages, and if so how much? In order to recover based on comparative negligence you must be considered less than 51% at fault for the accident, otherwise known as the 51% rule.

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A jury will determine the level of fault that you have in comparison to the other party, if it is less than 51% you may recover damages in proportion to your level of fault. For instance, if you were in a pool accident in your Houston area apartment and the jury determined that you were 45% at fault, you would be able to recover for 55% of your damages.

Conclusion

Even if you think that your injury or loved one’s drowning was yours or the victim’s fault you may still have recovery rights. Grossman Law Offices can find a way to get you the recovery that you deserve if there is such a way. Call 1-855-392-0000 to schedule your free consultation with one of our attorneys. We would like to discuss your case with you.
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Liability of the Apartment Complex for Crimes

Houston Personal Injury Lawyers » Liability of the Apartment Complex for Crimes

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Is an Apartment Complex Liable for Crimes and Other Intentional Torts Committed on Their Property?

Your home is your castle, and you should be able to feel safe in your castle. However, this is not always the case. Crimes often occur in apartment complexes in the Houston area. Houston is growing rapidly, more people are needing a place to live, which means there is an increase in crimes. Because of the growing population, landlords are beginning to rent apartments frequently and not checking out a tenant’s background. This can cause several problems because now you are not sure if you live next to a criminal. If you or your loved one has been a victim of an intentional tort such as a battery, assault, or another crime while living in an apartment complex in the Houston area, then you might have a potential claim against your apartment complex.

Foreseeability

The general rule states that a landlord or owner of an apartment complex does not have a duty to protect their tenants against crimes or intentional torts that occur on their property. Nonetheless, there are special exceptions that can hold a landlord or owner liable.

The exception to the general rule is the foreseeability doctrine. Foreseeability is the basis for a premises liability claim. A landlord or owner of an apartment complex has a duty to keep the property reasonably safe from foreseeable harm. This means that if a tenant was assaulted or injured in some way and if the incident was expected to happen, then the landlord could be held liable. A crime can be someone breaking into your apartment or your car in the parking lot or someone assaulting you while taking a walk around the complex for exercise.

To determine foreseeability against the landlord, you can show that before the crime occurred in the apartment complex, that other incidents of crime occurred within a short period of time. This is called the prior crime rule. The prior crime does not have to be similar to your crime, there just has to be a pattern of crimes that occurred. To prove this, you can pull a crime history report from the police station.

Foreseeability can be challenging to prove without the expertise of an experienced attorney. You should consult an attorney to discuss your rights.

Lack in Security

You could also show that the landlord of the apartment complex neglected security procedures or security measures to keep the property safe. You must be able to show that the landlord lacked security and the crime that was committed due to the lack of security. For instance, the security cameras outside the complex were not connected, there was not a security guard on the premises during the crimes, the security gate of the apartment complex does not work properly, or there is no lighting in the darker areas.

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A landlord may also be held liable for criminal acts that was committed by their employees as well. You can bring a lawsuit claiming that the landlord negligently hired the employee without thoroughly investigating the employees background. A landlord has a legal duty to do a background check on all employees that they hire.

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Grossman Law Offices has litigated hundreds of cases in the Houston area and our attorneys have over 20 years experienced and are dedicated to helping you. Contact our law office for a free consultation at 1-855-392-0000.
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Apartment Complex Liability for Tripping Hazards

Houston Personal Injury Lawyers » Apartment Complex Liability for Tripping Hazards

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Apartment Liability for Known Hazardous Areas

If you are injured while in your apartment or someone else’s apartment because of a defect in the apartment you might be able to receive compensation for your injuries. The landlord or the owner of the apartment complex is liable for certain injuries that occur in certain common areas because of defects with the actual apartment building. This article will discuss some of the most common types of apartment defects that can lead to an injury.

Defects in the Sidewalk

The landlord or owner of the apartment has a duty to make certain areas surrounding an apartment safe for people. The sidewalk surrounding an apartment is one of these areas. The landlord or owner has to make sure that the sidewalk is safe for people to walk on and does not have any hazards like large cracks or uneven sections that people could trip and injure themselves on. If you are injured because of a defect on a sidewalk you may be able to receive compensation from the landlord.

Defects in Stairs

The landlord also has a duty to make sure that all stairs located in an apartment complex are safe for people to walk on. They need to make sure that all of the stairs and stair railing are secure and sturdy so that people do not fall down them and injure themselves. The landlord also has to warn of any sudden drop offs and ledges so that people do not injure themselves by falling down one.

Parking Lots

The landlord also has a duty to make sure that parking lots are safe for people who walk and drive in them. They need to make sure that there are no walkway impediments such as a large crack in the road or a pothole. They also have to clearly mark any other potential risks like a sewer drain that is hard to see because it is the same color as the street pavement.

Inadequate Lighting

Another measure that the landlord needs to take to ensure the safety of residents is to make sure that there is adequate lighting in walking areas and the parking lots. There needs to be adequate lighting so that a potential hazard can be seen by a person walking or driving, especially at night. There are certain standards of lighting that the landlord must adhere to and whether nor not the landlord is adhering to these standards is determined by a lighting expert.

You Need An Experienced Attorney To Help You With Your Premises Liability Case

A landlord or apartment owner can be liable for the injures caused by a defect in the premises, however, there are some ways that they could attempt to avoid liability. There are some defenses that are available to landlords that would help them avoid liability for an injury caused by a defect in the premises such as misuse of the property, comparative fault, and the open and obvious doctrine.

Because of the potential defenses that a landlord or apartment owner can use to avoid liability for your injuries and the complexity of proving that a defect in the property exists, you should hire an experienced and skilled attorney to help you with your premises liability claim. Grossman Law Offices has over twenty years of experience and has dealt with many premises liability cases and was able to secure the compensation that their clients deserved for their injuries. Call one of our attorneys today for a free consultation regarding your premises liability claim at 1-855-392-0000.

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Apartment Premises Liability for Toxic Mold

Houston Personal Injury Lawyers » Apartment Premises Liability for Toxic Mold

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Can I Sue an Apartment Complex for Injuries and Illnesses Related to Toxic Mold?

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Being exposed to toxic mold can be very dangerous and can cause severe injuries, such as asthma, loss of memory, rashes, and lung damage. Toxic molds are black, white, green or gray and can be visible to the naked eye. But some toxic molds can be invisible. It can live in a damp, humid environment such as in the city of Houston and it can be found behind walls, on floors or on ceilings. Some toxic molds can contain an odor as well.

Landlord’s Duty

A landlord has a duty to his tenants to maintain and keep the apartment complex suitable for living. A landlord must repair or remedy a problem if it affects the safety and the health of the tenants. Toxic mold is a health risk to you and the landlord is obligated by law to come and remove the mold from your apartment or move you to another apartment.

Landlord’s Liability

Toxic molds can be brought into your apartment many different ways. Toxic mold can even be caused by the negligent act of your landlord. For example, if your landlord is repairing the leak from your bathroom sink but fails to fix it properly and the water continues to leak on the floor this can cause a toxic mold and cause you to be exposed. Because of the negligent act, the landlord can be held liable for your exposure to the toxic mold.

A landlord will also be held liable if he knew of the mold. They can be held liable if they knew of the mold before you moved into the apartment or after you moved in and did not take the necessary steps to remedy the problem. Even if they did not cause it to form in your apartment, the liability comes in because they knew about it and did not clean it up.

Premises Liability

Due to the landlord’s negligence a premises liability claim can be brought against the landlord. Premises liability is a cause of action or legal theory that holds landlords responsible for any injuries or accidents that occur on their property.

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In a premises liability lawsuit for toxic mold, you must prove certain elements in order to successfully win your case. You must prove 1) the toxic mold existed and created an unreasonable risk to you as the tenant, 2) the landlord knew of the toxic mold or caused the toxic mold to enter into your apartment and 3) you were injured by the toxic mold and it caused your injuries.

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Premises liability claims are very complex. Without the assistance of an attorney, you might not receive the appropriate compensation that you deserve against your landlord or worse you might loose your case. Consult an attorney to discuss your rights.

For over 20 years, Grossman Law Offices has been representing clients in the Houston area. Our attorneys have handled numerous premises liability lawsuits against landlords. Contact our office today for a free consultation. Call us at 1-855-392-0000.
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Negligence of Private Security at an Apartment

Houston Personal Injury Lawyers » Negligence of Private Security at an Apartment

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Have You Been Assaulted or Otherwise Injured Due to the Negligence or Lack of Private Security at an Apartment Complex?

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If you have been injured at an apartment complex in Houston due to negligent actions of the complex’s private security, you may have a valid personal injury claim against the apartment complex. The legal theory of premises liability protects your interests and holds the property owner directly responsible for many injuries you may suffer on the property due to negligence. Of course, the duty owed to you is dependent upon your status as an invitee, licensee, or trespasser; but if the property owner violates the standard of protection you deserve then you may have a claim for damages.

Security Employed Directly By the Complex vs. Subcontractors

Almost any time someone employed by the apartment complex causes you harm either intentionally or due to negligence, the complex will be liable. Whether the employee is directly employed by the property owner or if they are employed through a subcontractor, the apartment complex can be held liable for their actions under various legal theories.

One way the apartment complex can be held liable for their employee’s negligence is under the theory of premises liability. This theory states that a property owner may be responsible for injuries that occur on their property which were caused by negligence.

There are various ways in which a security personnel employed by the apartment complex may have negligently caused you harm. Sometimes security personnel are responsible for the installation and maintenance of security systems on the property. Other times they are in charge of determining where safety lights are necessary on the property and are responsible for installing them.

Active Negligence vs. Negligence Caused By Inaction

Let’s say you rent an apartment at the Providence Uptown Apartments on McCue Road. As a renter the court will probably consider you a licensee in your own individual apartment and an invitee in the community areas of the property. Let’s say that you are walking in a hallway area of the complex and an employee in charge of security negligently hits you with a ladder after using it to install a security camera.

By negligently hitting you with the ladder the apartment complex will probably be held accountable for the employee’s actions. As an invitee you are owed the greatest duty of care. A property owner is almost always liable for injuries to invitees which are caused by negligence. Under premises liability the property owner must inspect the property for hazards, remove all dangers, and adequately warn the invitee of any potential dangers.

Therefore, the property owner may also be responsible for any injuries you suffer as an invitee which were caused by inaction of the security personnel. Let’s say you are walking down a stairwell in the Providence Uptown Apartments where you live. The stairwell is a common stairwell and therefore you are classified as an invitee.

Unfortunately, the security employee failed to install lighting in the stairwell and you fall while walking down the stairs because you cannot see anything. By failing to provide adequate lighting and eliminate the dangerous condition, the complex is legally responsible for your injuries.

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If you have been injured while on the property of an apartment complex our attorneys at Grossman Law Offices may be able to help you. There are thousands of apartment complexes in Houston and the chances of you being injured while on one of these properties are great. Whether you are an invitee, a licensee, or a trespasser, you are owed some duty of care by the property owner and if they violate this standard, then you may be able to seek compensation for your injuries. To learn more about your potential personal injury claim, contact Grossman Law Offices at 1-855-392-0000.
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Apartment Complex Fall Injuries

Houston Personal Injury Lawyers » Apartment Complex Fall Injuries

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Information on Claims and Lawsuits Against Apartment Complexes for Falling Accidents

Did You Know?

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Hundreds of people have fallen or died at apartment complexes in the Houston area. These accidents can be caused by the negligence of a landlord. The common types of accidents that can occur at an apartment complex are slip and fall injuries that have resulted in a serious injury or death, or tenants falling from a defective balcony that also resulted in severe injuries or death. If you have suffered injuries due to a fall in a Houston apartment complex, or if you lost a loved one due to a fall accident, contact an attorney today.

Premises Liability

If you have suffered injuries due to a fall at an apartment complex then an appropriate claim to bring is a premises liability lawsuit. To succeed in a premises liability lawsuit you will need to prove the following:

You were injured;
The injury resulted in the fall; and
The landlord’s negligent caused your injury.
Wrongful Death

If you lost a loved one due to a fall injury or if your loved one died due to the negligence of the landlord at an apartment complex then an appropriate claim to bring is a wrongful death lawsuit. To succeed in a wrongful death lawsuit, you will need to prove that your loved one’s death was caused by the result of the negligence by landlord of the apartment complex; that you, the family member, suffered a financial loss from the result of the death; and that you, are eligible to seek the damages from the wrongful death claim. To prove that you are eligible, you need to prove that you are a surviving family member or beneficiary of your loved one, such as a parent, child or spouse.

Who Can I Sue?

Under Texas law, the general rule states that a landlord is not responsible for the safety of its tenants. However, there are several exceptions to this rule. Landlords can be held responsible for accidents that occur at their apartment complex. They have a duty to keep their tenants safe. If a landlord fails keep the property safe, then the landlord can be held liable and a lawsuit can be filed against them. If you are unsure if you have a claim against your landlord, contact an experienced attorney to discuss your matter.

How Can an Attorney Help?

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Premises liability and wrongful death lawsuits are very challenging and expensive. By hiring a professional and competent attorney who understands the law you will be provided with the quality legal representation that you deserve. An attorney will be able to stand up against the landlord who caused your injuries or caused the death of your loved one and achieve the best results possible.
At Grossman Law Offices, our attorneys will protect the rights of those who have been injured in apartment complexes in the Houston area. We will aggressively fight for the compensation that you deserve. Our attorneys have successfully litigated hundreds of cases for over 20 years. Contact our office today to receive a free consultation at 1-855-392-0000.

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Apartment Premises Liability Investigations

Houston Personal Injury Lawyers » Apartment Premises Liability Investigations

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Our Houston Lawyers Can Perform a 3rd-Party Investigation Into Your Premises Liability Injury Case Against an Apartment Complex

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If you or a loved one has been injured due to some defect that exists on the grounds of an apartment, you may be unaware that you have a cause of action to recover for the losses that you have incurred as a result of your injury. The way in which you may recover is through a premises liability lawsuit. Owners of apartment complexes are charged with a duty to ensure that the apartment grounds are free from any hazardous dangers that may inflict harm on the tenants or guests of the tenants. When they fail to maintain these complexes and an injury results, liability will be imposed.

Premises liability lawsuits can be very complex because of the differing standards of proof and evidence that is associated with these types of lawsuits. This is why it is so important that you have an attorney that is familiar with these types of lawsuits to fight your case for you. That is what we can provide for you at Grossman Law Offices. The attorneys at Grossman Law Offices have handled many a premises liability case that have resulted in favorable outcomes for our clients.

Grossman Law Offices and Premises Liability Lawsuits

To illustrate, our very own attorney Keith Purdue handled a premises liability lawsuit recently that was incredibly successful. In that particular case there was a child that was playing on the second floor of an apartment complex when a banister came loose causing the young child to fall to the first floor and suffer severe brain damage.

What Did our Attorneys Do?

Initially, you must understand the concept of the parental immunity doctrine. This is because the opposite side attempted to state that our client was contributorily negligent in allowing the child to play near a banister where they may potentially fall and injure themselves. However, the parental immunity doctrine shields parents from claims of contributory negligence in situations like this. It essentially bars any claims for negligence against the parents of a child that suffered an injury under certain circumstances. Our attorney Keith Purdue then filed a motion for summary judgment and won the argument that the parents should not be sued.

Following this victory, the defendant changed their argument and attempted to turn their efforts to designate the parents as the responsible third parties and used oral arguments and the judge allowed our attorneys to win this battle as well. Keith Purdue presented his side in oral arguments as the attorney for Grossman Law Offices and an attorney for the defense was also present. This is because the idea that a child will play in the manner that this child did is to be expected. Therefore, allowing this banister to be loose created an unreasonable risk to the children that lived in that building, and therefore the apartment complex should be held liable.

What Was the Outcome?

Did You Know?

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Ultimately, Grossman Law Offices was able to settle the case at mediation. Mediation is a way to resolve a legal dispute by having both parties come to some sort of agreement in an effort to avoid the costly fees associated with trials.

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At the end of the day, apartment complexes may be held liable for damages that occur to tenants and the guests of tenants if they do not ensure that their property is safe and free from any hazards that could potentially cause an injury. In order to be successful in a premises liability case you must have an attorney representing you that is familiar with these types of lawsuits. As illustrated through Grossman Law Office’s victory in the above-described story, we are fully capable of handling your cause of action for you. We have the skill and expertise that is required in these types of lawsuits and will work diligently to ensure that you have the best theory of recovery available for your case to be successful. To discuss your potential lawsuit in greater detail, contact us at 1-855-392-0000.

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