Legal Question in Personal Injury in Texas
Wrongful death/Premises liabilty
My son was murdered in December 2006 at an apartmentm complex where he was a guest of a friend, he went to vist his ex-girl friend to discuss xmas gifts for their son in the same complex where his ex-girlfriends current boyfriend shot and killed him, both of these people have been known for voilence and been arrested in the same complex, neighbors complain about these two fighting all the time but the management never asked her to move or bar him from the property and now after this the management quickly evicted her and my wife and I feel as if they share some blame for knowingly ignoring a potential problem and not providing for other tenats and vistors safety.
4 Answers from Attorneys
Re: Wrongful death/Premises liabilty
Contact a lawyer who specializess in personal injury..you may have a claim but it will be hard to get past Texas rule of third party responsibility..
Re: Wrongful death/Premises liabilty
These are extremely difficult cases. I am working on a similar case right now. If you want my help, contact me on the internet.
Re: Wrongful death/Premises liabilty
Landlords have a duty to protect tenants from criminal acts of others if they know or have reason to know of an unreasonable and foreseeable risk of harm. You've stated some facts indicating they knew or should have known of the potential for harm. These facts will need to be more closely examined. In any event, the murderer will most likely bear most of the blame for your son's death in a civil proceeding. Accordingly, the apartment complex, if liable, will only bear a percentage of the responsibility and thus only have to pay a portion of your damages.
I'm sorry for your loss. If I can be of assistance, please contact me. I represent clients throughout Texas.
Roger Merrill
Re: Wrongful death/Premises liabilty
Let me begin by saying I'm very sorry to learn about your situation. We've done cases such as this in the past. They're not easy, and with the recent changes in the law, they can be difficult. However, you've indicated some facts that put the landlord on notice of the dangerous situation. As such, you may have a case. Most personal injury lawyers (myself included) will meet and discuss your case for free. I suggest you interview two or three law firms and find the right "fit" for you.