Understanding Storm Damage in Houston: Your Property Rights and Legal Responsibilities

Maverick Ray Law
July 10, 2024

Your Property Rights After Storm Damage

Storm damage can be devastating, but knowing your property rights can help you navigate the aftermath more effectively. Here are the key points to consider:

1. Insurance Claims

Ensure your homeowner's insurance policy covers storm damage. Familiarize yourself with the claim process and document all damage thoroughly to support your claim.

2. FEMA Assistance

In cases of widespread damage, FEMA may offer assistance. Check if you qualify and understand the application process.

3. Repair and Restoration

You have the right to repair and restore your property. Ensure you hire licensed and insured contractors to avoid further complications.

Personal Injury and Liability

If a storm causes injury to you or your family, several legal considerations come into play:

1. Personal Injury Claims

If injured due to another's negligence during a storm, you may be entitled to compensation. This could include medical expenses, lost wages, and pain and suffering.

2. Premises Liability

Property owners are responsible for maintaining safe conditions. If you are injured on someone else’s property during a storm, you might have a claim under premises liability law.

Responsibilities of Property Owners in Texas

As a property owner, you have specific responsibilities, particularly when your property causes damage to others:

1. Fallen Trees and Neighbor's Property

Under Texas law, if your tree falls and damages your neighbor’s property, you may be held liable, especially if the tree was dead or diseased and you neglected to address it.

2. Preventative Measures

Regularly inspect and maintain your property. Trim trees and address potential hazards to prevent damage during storms.

3. Insurance Coverage

Ensure your insurance covers potential liabilities. Review your policy and consider additional coverage if necessary.

Legal Recourse and Resolution

When disputes arise from storm damage, understanding your legal options is essential:

1. Mediation and Settlement

Attempt to resolve disputes amicably through mediation. This can be a quicker and less costly alternative to litigation.

2. Filing a Lawsuit

If mediation fails, you may need to file a lawsuit. Consult with a qualified attorney to understand your rights and the best course of action.

3. Documentation and Evidence

Keep detailed records of all communications, repairs, and expenses related to the damage. This will support your case if legal action becomes necessary.

Conclusion

Storm damage in Houston can lead to complex legal situations involving property rights and personal injury. Understanding your rights and responsibilities is crucial for protecting your interests and ensuring a fair resolution. If you face storm damage or need legal assistance, consulting with an experienced attorney can provide the guidance you need.

For more information and legal advice, contact our office today. We're here to help you navigate these challenges and protect your property and rights.