On May 22, 2023, a woman (“Woman”) filed a lawsuit in Harris County District Court against Canfield Lake Apartments (“Defendant”) alleging negligence and other claims for injuries she suffered while on the property of the Defendant (“Incident”). The lawsuit alleges that the Defendant failed to repair its uneven sidewalk and that caused her to trip and fall, which led to her suffering serious injuries.
According to the lawsuit, the Incident occurred on June 20, 2021, when the Woman was on the property belonging to the Defendant. The Woman suffered serious injuries from tripping and falling, while on the Defendant’s sidewalk, due to the sidewalk being uneven. The Woman alleges the Defendant failed to repair the uneven sidewalk that led to her injuries. The Woman is suing the Defendant on the theory of negligence.
The Woman alleges that the Defendant was negligent in two ways: (1) by failing to inspect, correct, and repair the sidewalk, and (2) by failing to warn of the dangerous condition. Additionally, the Woman alleges that the Defendant was negligent because it did not properly maintain its sidewalk, allowing it to become uneven, to the extent that it became a tripping hazard.
One element of negligence is causation, which can be determined using the but-for test. The but-for test establishes that an action is the cause of the injury if, but for the action, the injury would not have been sustained. In this case, but for the Defendant not maintaining and repairing the sidewalk, the Woman would not have sustained her injuries.
The Woman is seeking monetary relief and interest, along with all other relief that is just. The Woman has suffered physical damages of impairment and disfigurement; along with monetary damages of lost wages and incurred medical expenses.
If you or someone you know has been injured as a result of the negligence of others, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at 713-222-7211 or toll free at 1-800-870-9584.