Fell Through the Floor of My Trailer...
(Kennedale, Texas, USA)
Me and my family are renting a trailer in a trailer park. The trailer we live in has weak flooring in some spots of the home. The trailer park says we have to fix the floors ourselves or our rent will go up $150.00 more than what we are already paying which is $665.00 a month. The trailer owner won't buy the materials for the repairs and everybody living in the household is disabled so we can't do the work.
To get to the point, I fell through the floor of the trailer in the bathroom. I was trying to get into the shower and fell right through to the ground. I badly injured my knee, back, and have several cuts and abrasions. I would like to sue the homeowner for the injuries and for raising the rent because he doesn't want to repair the trailer.
Can I sue the trailer park owner because he won't fix my trailer's floor, and for my injuries from falling through the floor?
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ANSWER for "Fell Through the Floor of My Trailer...":
Jason (Kennedale, Texas USA):
That's a difficult question. If you own the trailer and just rent the space you probably don't have a legal claim against the trailer park owner. On the other hand, if you rent the trailer and a space from the landlord he may be liable for any injuries you sustained when you fell through the shower floor.
If you rent the space and the trailer, what will control is the lease agreement you signed with the landlord. If you signed a lease agreement you will have to read the "fine print". See what the lease says about repairs and duties of the landlord and the tenant. If there's a lease there will almost certainly be a clause or a reference to possible repairs which are required.
On the other hand if you do not have a written lease agreement with the landlord and are on a month to month basis, you are going to have a bit more difficulty pursuing a successful legal claim against the landlord and owner of the property. If that happens you would be best served by filing a Small Claims Court action.
The State of Texas has one of the highest limits one can file for in Small Claims Court. In the State of Texas a person can file a lawsuit on their own without an attorney for any amount up to $10,000 dollars.
If you do pursue the Small Claims route it will be a tough case to prove. Without any written agreement you will have to have some sort of credible testimonial evidence confirming the landlord or owner's commitment to be responsible for repairs to your trailer.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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