Legal Question in Personal Injury in Texas
Injury in apartment complex
Do I have a case against an apartment complex in which i live. I was running, and as i ran through the exit gate of the apartment complex my foot went into the small ditch in which the track for the gate is located and twisted, injuring the foot. I have not been to a doctor yet as it just happened today, but it looks as though it may be broken.
2 Answers from Attorneys
Re: Injury in apartment complex
All cases like the one you describe are based upon "negligence." You would have to prove that the apartment complex was negligent in creating a latent hazard and failing to warn you about it. Your conduct would also be subject to scrutiny under Texas' "comparative negligence" standard. The hazard (in this case, the "small ditch in which the track for the gate is located") is both open and obvious, and your own conduct contributed significantly to the injury. Therefore, in my opinion, your case against the apartment complex is weak.
Re: Injury in apartment complex
Go have your foot checked out. Breaks, torn ligaments, tendons etc are serious ans should be examined.
You may have a claim, you should speak with a local attorney.
What is the apartment complex? How long have you lived there?
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