A Houston tenant, Geraldenese Freeman, has filed a $1 million lawsuit against Commerce Capital Partners LLC, the operator of 2400 Briarwest Apartments, and its owner, Comcapp West Oaks LLC, after a portion of her unit’s ceiling collapsed on her. Freeman claims the collapse caused injuries to her neck, back, and right arm and that the property owner and operator’s negligence led to the incident. The lawsuit highlights the critical importance of proper property maintenance and staff management for property owners and operators.
According to the suit, the issue began in March 2022, when Freeman noticed bubbling and puckering in her ceiling above the bathtub. Despite reporting the issue to management, maintenance only applied a temporary fix by spraying bleach and checking for leaks. No further inspection or repair was made at the time, and Freeman was given a repair order indicating the issue was resolved.
However, in December 2022, nine months later, the ceiling collapsed on Freeman while she was showering. Following the collapse, management acted by inspecting and repairing the ceiling, but the damage had already been done. The lawsuit alleges negligence on the part of the property owner and management, including negligent hiring and training of staff. Freeman’s attorney claims that the collapse was preventable, and the property’s failure to adequately address the warning signs led to her injuries. The lawsuit seeks to hold the company responsible for medical expenses, pain, suffering, and loss of earning capacity.
Freeman’s case, while currently pending, is a stark reminder for apartment managers about the importance of proper maintenance, staff training, and tenant communication. Below are key takeaways and tips for apartment managers to avoid similar situations and potential lawsuits.
1. Address Tenant Complaints Promptly and Thoroughly
When tenants report maintenance issues, especially those involving structural damage or potential safety hazards like ceiling leaks or cracks, managers must ensure that the complaint is addressed promptly. In this case, the initial response involved applying a surface-level solution without conducting a deeper inspection, which ultimately failed to prevent the collapse.
Tip: Always conduct a thorough investigation of maintenance complaints, especially if they involve plumbing leaks, electrical problems, mold, structural damage or other major areas of function at the unit. If a problem appears more significant than initially thought, consult a professional or conduct follow-up inspections. Never disregard a complaint of a serious nature and use due diligence to verify whether a problem exists and what remedies are required to remedy the problem.
2. Document Repairs and Follow-Up
While the property management team provided Freeman with a repair order stating that the issue had been resolved, the issue resurfaced months later with severe consequences. Maintaining detailed records of all maintenance requests, repairs, and follow-up actions is critical.
Tip: Implement a system to track all tenant maintenance requests and repairs. Ensure that all staff and maintenance personnel log the details of the inspection, repairs, and whether follow-up inspections are necessary. Details of the inspection and follow-up process should be well documented, including dates, times, pictures and video, personnel involved, management and professional findings and determinations, plans of action, progress reports and deadlines, and tenant follow up.
3. Train and Supervise Maintenance Staff
The lawsuit also alleges negligent hiring and training of staff. Poor training can lead to inadequate repairs or missed warning signs of larger problems. In this case, spraying bleach and checking for leaks may not have been sufficient, and more extensive action should have been taken to prevent further damage.
Tip: Ensure all maintenance staff are well-trained in identifying and repairing potential hazards. Supervisors should routinely review the quality of repairs and provide ongoing training on addressing various issues such as structural damage, mold, and water leaks. Management staff should bring in professionals (e.g. licensed electrician, plumber, contractors, etc.) to review allegations of serious problems to ensure that the problem is fully understood and that remedies are properly and timely executed.
4. Ensure Routine Inspections of Apartment Units
Routine property inspections, particularly in common areas or high-risk areas like ceilings and plumbing systems, can help identify potential issues before they escalate. Managers must stay ahead of possible dangers rather than waiting for a tenant complaint.
Tip: Conduct regular inspections, especially in older buildings or areas prone to wear and tear. These inspections should cover structural elements such as ceilings, walls, and plumbing. Have a checklist prepared by industry professionals to ensure nothing is overlooked.
5. Liability Awareness and Risk Management
The lawsuit also alleges gross negligence, claiming that the property management knowingly disregarded the risk of the ceiling’s collapse. Managers and property owners must be aware of their legal responsibilities to maintain safe premises for tenants under local, state and federal law. Failing to maintain a safe environment can lead to significant legal and financial consequences.
Tip: Develop a risk management plan that includes clear protocols for addressing tenant safety issues and avoiding negligence claims. Work with legal counsel to ensure compliance with local, state, and federal housing safety regulations.
6. Maintain Strong Communication with Tenants
Communication with tenants should not end when a repair is made. Management should provide regular updates on the status of repairs, inspections, and potential future issues. This helps build trust and ensures tenants feel safe and informed.
Tip: Keep open lines of communication with tenants by notifying them of repairs or ongoing inspections. Follow up after repairs to ensure tenants are satisfied with the outcome.
Conclusion
The lawsuit filed by Freeman against Commerce Capital Partners and Comcapp West Oaks underscores the importance of diligent property maintenance and management practices. Apartment managers must prioritize tenant safety through prompt, thorough repairs and proper staff training. By taking proactive measures, apartment operators can minimize risks, prevent potential legal battles, and maintain a safe and comfortable living environment for all tenants.
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