Real Estate Law
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Unfortunately, unless you can prove that the landlord was somehow negligent and thus cause you to fall through the roof, he would not have any liability here. If you feel through because your own negligence, then you would be responsible for your medical bills and the hole repair costs.
The proper thing for you to have done here is to tell the LL that he need to send someone out to get the serial number as you have no duty under the lease to do that.
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In his email, he just told me that I must do it if I want the unit to be fixed. I had no idea that the ceiling is not as strong as it looked. I never lived in a house before and the attic had piles of insulation material here and there. There is no way for me to tell without removing the material to see where I am setting my feet on. A negligency claim is what I am trying to get. I think the landlord should have warned me that the ceiling is not boarded and I can only stay in certain area.
You may want to file a negligence claim in small claims court or a court of higher jurisdiction.
There will be an issue of fact for the jury or the judge to decide whether you operated below a standard of care for a ordinary and reasonable person.
For, him, there will be an issue as to whether he had a duty to inform you about the attic not being boarded and whether he breached that duty of care.
Texas uses what is referred to as the "doctrine of comparative responsibility." Under the responsibility statute, a jury is responsible for assigning a percentage of blame to each party involved in the accident. As long as the jury decides you are only 50% or less responsible for the accident, you can still recover damages for your personal injury.
However, the amount of compensation the jury awards you will be reduced by the percentage of your responsibility.
Yes. I would give it a shot based on the fact that the LL failed to inform you that the attic was not boarded. That may be his negligence and a way of proving that he was being lazy and asking you to do what he should have been doing himself.
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