Legal Question in Insurance Law in Texas

In small claims court, can plaintiff use written statements from witnesses rathe

When I, a guest, exited through an automatic gated apartment complex, the gate malfunctioned & closed on my car. The repair will cost $1000, but their claims adjuster won't pay, stating premises liability cases in Tx. have to prove prior knowledge of defect and failure to correct condition. They deny receiving complaints other than mine. They said they made repair, but I continually see the gate standing open all hours. One tenant I know said the gates have malfunctioned repeatedly for years, so she doesn't bother to report. She is afraid of recrimination, and doesn't want to testify. The eyewitness to the accident is a tenant, but not on lease. She can't afford to miss work. Should I hand out forms in their parking lot to gather signed acknowlegements of problem? (My insurance deductible is $1000.)


Asked on 8/04/04, 6:59 pm

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: In small claims court, can plaintiff use written statements from witnesses r

in small claims court the usual rules of evidence are relaxed and you may be able to use the form you have proposed. the problem may be that the reliability of those forms without identification of the persons verifying the problems will be questioned. you can have the court subpoena witnesses requiring their presence. you can also request documentation from the complex seeking gate repair invoices and documentation. hope this helps and good luck.

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Answered on 8/04/04, 7:32 pm


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