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Apartment Building Injuries in Rancho Mirage

If you are a resident of an apartment building or complex and are injured there, you may be entitled to payment for your injuries. Experiencing trauma in your home, through little to no fault of your own, can be disastrous, but help is available with an attorney experienced in handling cases based on apartment building injuries in Rancho Mirage.

Meet with one of Walter Clark Legal Group’s skilled premises liability attorneys to discuss your legal rights and options in further detail.

The Legal Basis for Apartment Building Injuries

Property owners, including owners of apartment buildings, are required to keep their property in a reasonably safe condition. When they do not follow this requirement and injuries result from the lack of safety, the apartment building owner may be held legally responsible.

Filing a claim for an injury on another person’s property is usually based on a negligence theory. To be successful with a negligence claim, the injured person must prove the following:

  • Duty: The injured person must argue that the apartment building owner owed them a duty to keep the property in a reasonably safe condition
  • Breach: The injured person must argue that the apartment building owner failed to keep the property in a reasonably safe condition
  • Causation: The injured person must prove that there is a causal and legal relationship between the breach and their injuries
  • Damages: The injured person must show proof of injuries

A Rancho Mirage lawyer who has experience navigating apartment building injury claims could explain how to prove these elements and how they are relevant to individual circumstances.

Lease Agreements

Personal injury claims are usually based in tort law. With an apartment building injury, however, an attorney may look into the injured party’s lease agreement; compensation for injuries may be based in contract law concepts as well.

Lease agreements discuss far more than monthly rent, the length of the lease, and identifying information about the apartment. A lease agreement may also include waivers and releases of liability.

For example, a lease agreement may state that the apartment owner is not liable to residents or occupants for hidden defects within the apartment, pests, or dangerous substances. A resident may not be able to receive compensation for injuries that these circumstances cause. However, a skilled Rancho Mirage apartment building injury attorney is the best resource for finding the weaknesses in the lease agreement.

Implied Warranty of Habitability

When a contract is executed for an apartment or residence, it typically carries an implied warranty of habitability. This means that the apartment building owner or landlord is required to maintain the property so that it is habitable and usually covers the essential features of the apartment, such as:

  • Water
  • Sewage
  • Heating and air conditioning
  • Protection from the elements

When someone is injured in an apartment building, it is essential for their lawyer to read their lease agreement to see if it includes any waiver of warranties. The inclusion of such a waiver in a lease agreement does not mean the injured party cannot receive compensation, but it does mean that they need the services of a Rancho Mirage lawyer who could build a compelling case for liability in apartment building injury claims.

Speak With a Rancho Mirage Apartment Building Injury Attorney

If you have suffered apartment building injuries in Rancho Mirage, reach out to Walter Clark Legal Group. Our dedicated team of attorneys has helped clients receive six-figure settlements for their injuries.

If you are concerned about the cost of a trial or legal services, we offer free consultations, with no costs to you unless your case is won. Call now to set up an appointment with a member of our legal team and get started on your case.

Walter Clark Legal Group

Walter Clark Legal Group
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