Can I sue my old apartment complex due to negligence? I have the fire report and everything.

Personal Injury 4 views 7 answers
The fire report said that none of the 3 affected had working fire alarms, the walls between each apartment were corroded and so on... There is more but I'd like to know if I have a case. I lost absolutely everything and I'm pretty much homeless. Also, after the fire, the office sent out a paper saying if you don't say that they are liable then you can get your deposit back. That's really messed up in my opinion. Please respond. http://www.kvue.com/news/2-fires-destroy-homes-...

Attorney Answers

7
Adam Kielich ·
That is a terrible situation. I am sorry for your loss. I definitely recommend you not sign the waiver they are asking you to sign in exchange for your deposit. You should receive your deposit back regardless. But no, do not sign it. I am working on the assumption that you did not have renter's insurance to cover your property loss. So that means you are going to have to make a claim against the landlord's insurer and possibly file suit against the landlord. You really should hire a local personal injury attorney to handle this claim. Insurance companies and landlords are not easy to deal with and they won't just offer you a fair settlement. You may also have a claim against another tenant, depending on the cause of the fire.
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John Zgourides ·
Texas Property Code sect. 92.259 applies if there was no working slow detector in the units upon move-in by each respective tenant, and also if any tenant properly requested inspection repair or inspection of the smoke detector and the request was not honored. You need to have your lease reviewed by a personal injury lawyer. Do not delay. Do not sign anything. John Zgourides (713) 876-7001 www.zgourides.com
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Brian Crockett ·
That is awful. I am sorry that you are having to go through that. Whatever you do keep a copy of that letter! Take a picture of it and email it, scan it, fax it but have multiple copies. You absolutely have a case. But what you have to start doing right now is documenting the people who have knowledge of the incident. The names of the employees who worked at the apartment, their addresses (if you know) etc... before they move away or are lost. The next thing you need to do is start documenting everything you lost. Try to get any photographs that your friends or family may have of your apartment. (Facebook page and social media is a good source for looking for these kinds of things). Then prepare a detailed list of items and what the values of these items are. An attorney can help you with the format. Given the information of the case, try to find a lawyer that will handle this on a contingency basis. If you have any questions please do not hesitate to ask.
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Andrea SheinbeinLawsuit / Dispute AttorneyGeorgetown, TX ·
How long ago was the fire? Who's fault was the fire? Did you sign the paper? Do NOT sign the paper until you have met with an attorney. The paper is most likely making you waive any claims you may have against them. Go see an attorney.
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Brent Barnes IvyOil / Gas AttorneyLakeway, TX ·
If you were injured or did not receive compensation for your personal property that was destroyed in the fire, you may have a case if the fire was attributable to the apartment complex. I suggest speaking to some of your former neighbors to see if they have heard anything about a lawsuit. I am sure an incident that received publicity from the news will have led some former residents to hire attorneys.
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Don KarotkinMedical Malpractice AttorneyHouston, TX ·
This is a very sad story. I am sorry. Yes, you can sue the owner and manager of the apartment complex. The Texas constitution guarantees all citizens free access to our courts. This means that anyone can sue anyone, at any time, anywhere, for any reason, for any amount of money and without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things. Winning a lawsuit and actually recovering some money are also two entirely different things. You need to hire a lawyer and the sooner the better. In the meantime, do not sign a release or any other document the landlord asks you to sign. If you have documents and/or photographs that may help establish what you have lost and its value, carefully preserve it. Your lawyer will need it. I suggest that you consult an Austin plaintiffs' personal injury plaintiffs' lawyer. Follow the link below for help finding a good one. Good luck. www.tbls.org
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