Can I sue my apartment complex for damage to personal property and injury? If not, what are my other alternatives?

Asked about 2 years ago - San Antonio, TX

The dinning room ceiling lamp fell. Damage was caused to new dinning set, carpet ( liquids that were on the table), and a piece of glass mildly cut my arm. The apartment complex manager said that damage would not be covered due to the fact that she could not prove that it was their fault that the light fixture fell and caused damage.

Attorney answers (5)

  1. Willie Stephen Graves

    Contributor Level 8

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    Answered . Since your injury is minor, you won't likely find a lawyer who sees a fair opportunity to get paid for his or her work in this case. Consider suing in small claims court, but threaten it first and maybe they'll come across. The complex probably has a liability insurance policy, so send the claim in writing and see if you hear from an adjuster. They may pay you something, but probably only if they really think you'll file your suit in small claims court.

  2. S. David Rosenthal Esquire

    Pro

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    Answered . You should take photographs of all physical evidence, including the fixture and the place that it was affixed immediately after the incident. You should save any physical evidence which may show why the ceiling lamp fell. The apartment complex is responsible for providing the apartment in a reasonably safe condition, so you would need that there was some negligence in maintance of the ceiling lamp.

    Good luck.

  3. Robert Don Fink

    Contributor Level 16

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    Answered . You should document everything (photos and journal) and check if you have receipts for the damaged property. Speak with a local lawyer about your case. Your landlord owes you a duty to keep the property in a reasonably safe condition. Falling light fixtures does not seem like a reasonably safe condition.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than... more
  4. David Alan Wolf

    Contributor Level 13

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    Answered . You will want to photograph the area. The question is whether the landlord had notice about the prior defect with the installation or if there was a problem with maintenance of the area. Cases are also evaluated based on the significance of the injuries. Businesses and carriers often fight a bit harder when the injuries are minor or temporary in nature.

  5. Steven Mark Sweat

    Pro

    Contributor Level 19

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    Answered . You will probably have to show some prior notice for liability to attach. Consult with an attorney in TX to know for sure.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more

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