Fort Worth, TX asked in Personal Injury for Texas

Q: Doctor said my wife needed it to go to a nursing home and possible surgery after a fall. Does she have a case?

Living at this apartment complex for two years and my wife fell at dropbox to pay the rent the sign at the location say night deposit. We are encouraged to pay the rent there when the office is closed. There was an extremely large plant that's blocking it and the plant looked as if it was recently watered or it rained and there was a lot of water near the plant. There has been a yellow sign, caution slippery when wet for as long as we lived here (The ones that are commonly used while mopping). The sign stays there all year around even the tile is dry. The plant is in a awkward position as well as the sign where you have to be extremely careful each time you're there because all these things are in the way as well as the water. After the fall she couldn't get up. Ambulance was called. She's been in the hospital for five days as of this message, she tore her ACL and a ligament in her knee, back pain, hip pain. We are waiting for additional test. Taking narcotics through IV & pills 4 pain

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1 Lawyer Answer
James Clifton
PREMIUM
Answered

A: Property owners and managers have a duty to maintain the premises in a reasonably safe condition for tenants, visitors, and other lawful guests. If the apartment complex failed to maintain a safe environment near the rent drop box, your wife may have a strong case for premises liability. If the plant blocked access to the drop box and made navigating the area hazardous, the property management may be considered negligent. If the area was perpetually wet and slippery whether from recent watering or rain, management may have failed to address a known danger. The presence of a permanent “Caution: Slippery When Wet” sign might show that the property management was aware of the risk but chose to provide only a warning rather than fixing the underlying issue. Using a caution sign for a long-term hazard may not be sufficient to absolve the management of responsibility. Make sure you take pictures of the drop box location, showing the plant, wet area, and sign placement, document your wife's injuries, and schedule a free consultation to ensure that your wife's injuries are adequately compensated.

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