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How to Prove a Negligent Slip and Fall at Your Apartment

 Posted on February 22,2024 in Personal Injury

El Paso personal injury lawyerIf you have suffered injuries from a slip and fall accident in your apartment complex, you may be wondering if you can hold your landlord legally responsible through a personal injury claim. The key is proving that they failed to exercise reasonable care in maintaining safe conditions. A Texas personal injury lawyer can work with you to see if you have a viable case.

Establish that Your Landlord Owes a Duty of Care

Under Texas law, landlords and property managers have a duty to keep common areas reasonably safe for residents and guests. This includes taking measures to minimize slip hazards from foreign substances or uneven flooring. Check your lease agreement because most establish this duty contractually as well. Just by being your landlord, they have assumed responsibility for your safety in shared spaces like stairwells, sidewalks, and lobbies.

Demonstrate a Breach of Duty Through Dangerous Conditions

You will have to prove what types of conditions your landlord exposed you to. For example, some could include:

  • Wet floors
  • Debris, clutter, or uneven rugs they put out in the hallways of the building or entrance
  • Poor lighting
  • Damaged steps or sidewalks

Next, you must show specific ways your landlord breached (failed to meet) their duty of care. For a slip and fall accident, the likely causes are as outlined above. Take photographs of the hazardous condition that caused your fall immediately as evidence. Get witness statements from anyone who saw you fall or saw the dangerous condition shortly before and after the incident. All documentation will be vital later to show the improper conditions existing because of your landlord’s negligence.

Prove Causation Between the Breach of Duty and Accident

Even with proof of unsafe premises alone, you must still show it directly caused your accident and injuries. Be prepared to describe how and where you fell, including date, time, and location details; what made you fall, whether it was water, ice, a damaged walkway, or something similar; and where you physically fell and how you landed. Establishing a definitive connection between the landlord’s negligent maintenance (or lack thereof) and your resulting injuries is crucial for proving liability.

Contact an El Paso, TX Personal Injury Lawyer

It is important to properly calculate and substantiate the full extent of accident damages for maximum compensation. Trying to manage a slip and fall injury claim on your own can be difficult, but with an El Paso, TX, personal injury attorney on your side, things can go a little easier as you will know each step to take. Call Cal Mundell Law Firm, PLLC at 915-250-0700 for a free consultation.

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