Legal Question in Personal Injury in Texas

injury

in march07 to Abilene from another state. When I arrived what a disaster. The tenant in my new home, didnt get out within the 30 days.. I ended up in a motel for a week and extended closing. I never received my final walk thru and I believed my realtor who informed me if written on closing docs it would be done and repairs etc. The inspector was hired by her and my question is what his responsibility is. I paid him, he missed a gas line (old) located near house wall by ac on cemented patio, which had a lip of metal around it. I am disabled, single,and i fell backwards in 06/ 07 and broke tibia and fibia.I have had 3 surgeries, fighting a bone infection, and had to have someone come live with me to help. the hole is deep, was not covered,and not noted in report but a photo of wall inches away showing missing cap where you hook hose. Isn't there anything I can doMy life is changed forever. I may lose my leg. I have to handicap my home, my realtor knew I didn't walk well She just wrote me off after I signed the papers. I didn't even receive a copy of final inspector report until after the fall.I thought she and the inspector were suppose to be my eyes, esp. buying out of state Do they have no responsibility in this at all? thanks


Asked on 6/19/08, 1:20 pm

1 Answer from Attorneys
Roger Merrill Merrill & Associates

Re: injury

You have a complicated claim. From your description, I am having trouble picturing just what it was that made you fall. I am not sure if the inspector even has a duty to point out potential trip hazards. It is doubtful that a realtor would have such a duty. Something obviously dangerous would likely be pointed out, but would also be obvioulsy apparent. Since you did not read the inspector's report until after the fall, it's hard to fault the report; but then you say the report didn't mention it. You also lived there for a while, I assume, before the fall. So, I'm thinking a good argument can be made for your needing to familiarize yourself with your house and its flaws. If you're found to be more than 50% responsible for your fall, then you cannot obtain any monies from a defendant, even though the defendand should be found partially responsible.

Consider taking or sending pictures of the hazard to a local personal injury lawyer and getting further advice.

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Answered on 6/19/08, 3:05 pm


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