Texas Premises Liability Legal Questions

It depends heavily on the language of your lease agreement and the particular facts and circumstances of your case.  In particular, does your complex say that it is providing security or security cameras, or does your lease say that the complex is not liable for lost or stolen items?  Who stole your vehicle?  Why?  Was the open gate a material factor in the theif's decision to steal your car?  How many othe vehicles have been stolen from the complex recently?  Was an employee of the complex involved in the theft?  There are far too many specific facts which impact whether your complex owed you a duty, whether it breached any duty owed, and whether any such breach was a proximate cause of the theft of your vehicle.... Read More

You may have a good faith claim against the owner of the apartment complex if you can show it was foreseeable that your car would be stolen because the gate is constantly left open.  The most effective way to show foreseeability in this type of situation is to prove that the owner knew of several other similar thefts which occurred before the theft of your car.You should check your lease agreement first, however, as most lease agreements contain language exculpating the property owner, landlord, and management company of any responsibility for theft or damage to your personal property and for any loss caused by the acts of other parties.Even if your lease does not contain such language, a judge or jury can consider the responsibility of the unknown person who actually stole your car in comparison to any negligence by the property owner that contributed to the theft.  Usually, the unknown person will be apportioned the majority of legal responsibility in such situations.Your own auto insurance company probably covers the theft under its comprehensive coverage provisions.... Read More

If the perpetrators who beat you up had any criminal record in their past prior to be hired by Staybridge (which I would bet that they would), then liability for negligent hiring and retention would present a very strong case in your favor.    Yes you could have a good case. I have handled many cases like this in Texas and Florida and each case depends on its unique set of facts, but this case would be premised on negligent hiring and retention by the motel of its employees. Have the police completed their investigation?... Read More