{"id":1417,"date":"2020-10-31T00:03:54","date_gmt":"2020-10-31T00:03:54","guid":{"rendered":"https:\/\/www.justinian.com\/?post_type=faqs&p=1417"},"modified":"2024-01-02T18:52:07","modified_gmt":"2024-01-03T00:52:07","slug":"i-was-hurt-by-something-at-my-apartment-or-rental-home-am-i-entitled-to-compensation","status":"publish","type":"faqs","link":"https:\/\/www.justinian.com\/es\/faqs\/algo-me-lastimo-en-mi-apartamento-o-casa-de-alquiler-tengo-derecho-a-una-compensacion\/","title":{"rendered":"I Was Hurt By Something At My Apartment Or Rental Home. Am I Entitled To Compensation?"},"content":{"rendered":"\n

Premises liability is a complex area of law. It is a part of the civil tort<\/a> of negligence<\/em>. Negligence is the legal term for carelessness.<\/p>\n\n\n\n

Texas law requires that people and companies show a certain amount of care to not harm others. Different circumstances require different levels of care. For example, certain professionals like doctors have a higher duty of care to their patients that strangers have to one another.<\/p>\n\n\n\n

Landowners in Texas owe certain duties of care<\/em> to people who live on their land.<\/p>\n\n\n\n

When Can Landowners Be Sued By Injured Tenants Or Residents Of Their Land?<\/h2>\n\n\n\n

In general, landowners cannot be sued if the tenant or other resident was injured by a dangerous condition that was already on the land when the tenant or resident moved in.<\/p>\n\n\n\n

But there are some very important exceptions:<\/p>\n\n\n\n

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When A Landowner Knows Or Should Know About A Dangerous Condition That Poses Unreasonable Risk To Tenants<\/h3>\n\n\n\n

There are certain risks that can harm the tenant, even though the tenant might not know about it. For example, if the walls are painted, the tenant might have no idea an apartment had a mold infestation, which could affect the tenant\u2019s health.<\/p>\n<\/div>\n\n\n\n

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When A Landowner Tells The Tenant Something Will Be Repaired In The Apartment But Fails To Make The Repair<\/h3>\n\n\n\n

Sometimes an owner tells a prospective or current tenant (usually in the lease) that an unsafe condition (like a wobbly step) needs to be repaired, and that the owner will make the repairs.<\/p>\n\n\n\n

By making such a commitment, the owner has a duty to complete the repair and do it with care and attention.<\/p>\n\n\n\n

If the owner promises but fails to repair the unsafe condition, then the owner may be legally responsible for injuries caused by the unsafe condition.<\/p>\n<\/div>\n<\/div>\n\n\n\n

When a landowner repairs an unsafe condition in a careless (negligent) manner<\/h3>\n\n\n\n

If the owner says an unsafe condition will be repaired, but the repair work is negligent, the owner may have to pay for injuries resulting from the condition. A repair might be negligent if the owner:<\/p>\n\n\n\n