Your landlord may be liable for an apartment complex injury in Texas when a dangerous condition or dangerous activity that the landlord knew about, or reasonably should have known about, goes unfixed and causes you harm. A cracked stairwell, a dark parking lot, inadequate security, or a broken pool gate can turn an ordinary day into months of medical visits and missed work, and property owners often point the finger at someone else.
At Byrd Davis Alden & Henrichson, LLP, we have handled serious injury claims in Austin since 1959, and premises liability cases against property owners are a regular part of our work. We know how landlords and their insurers respond to these claims, and we focus on gathering the evidence that shows what went wrong.
When a Landlord Can Be Held Responsible
Texas law generally expects a landlord to keep the shared parts of an apartment complex reasonably safe. Tenants and their guests are usually treated as invited visitors, so a landlord who knows about a hazard, or reasonably should, may have a duty to repair it or warn people about it.
To build a claim, we look at whether the landlord knew about the problem, how long it existed, and whether the landlord took reasonable steps to fix it. A repair request, a complaint from another resident, or a work order that was never finished may help show notice, which is why many slip and fall accidents at apartment communities turn on the landlord’s maintenance records.
Common Areas Versus Your Own Unit
Landlords usually have the most control over shared spaces, which is why those areas produce many claims. Inside your own unit, the answer may depend on your lease, who caused the problem, and whether you reported it. Shared-space hazards that may point to landlord negligence include:
- Stairs and walkways: broken handrails, loose steps, or cracked concrete left unrepaired
- Poor lighting: burned-out bulbs in parking lots, hallways, and stairwells
- Wet floors: leaks or spills in laundry rooms and lobbies with no warning signs
- Pools and gates: missing fences, faulty latches, or broken locks around pool areas
- Aggressive animals: a resident’s dangerous dog that the landlord knew about but did not address, which can lead to a dog bite claim
Records such as repair requests, photos, and incident reports often play a large role in showing what a landlord knew and when they knew it.
How the Texas Property Code Affects Repair Claims
Texas sets baseline repair rules for rental housing by statute. Under Chapter 92 of the Texas Property Code, a landlord must make a diligent effort to fix a condition that materially affects the physical health or safety of an ordinary tenant after the tenant gives notice and is current on rent.
That chapter also preserves a person’s right to bring a personal injury action under Texas law. A repair notice you sent, or the lack of one, may influence how a case is argued, but it does not automatically end your claim if you were hurt.
Negligent Security and Crime at Apartment Communities
Crime can also lead to a landlord liability claim. When violent crime at or near a property was foreseeable, a landlord that ignored broken gates, faulty locks, or dim lighting may face a negligent security claim.
These cases are fact-heavy. We look at earlier incidents, resident complaints, and security measures that were promised but never provided, because those details may show what the landlord knew before you were hurt.
How Fault and Deadlines Can Affect Your Case
A landlord may argue that you share blame for your injury. Under Texas comparative negligence laws, you generally cannot recover if a jury finds you more than 50 percent responsible, and a lower percentage may reduce your compensation.
Time limits matter too. Most Texas personal injury claims must be filed within two years under the statute of limitations, and a delay may end your right to seek compensation, so do not hesitate to speak with a lawyer.
Talk With Byrd Davis Alden & Henrichson, LLP About Your Apartment Injury
Landlord liability cases often turn on small details, such as a repair log, a lease clause, or a prior complaint, and property owners usually have insurers ready to protect their interests. We have been Austin’s oldest personal injury law firm since 1959, and we are true personal injury trial lawyers with a winning track record in the courtroom.
Our attorneys include Board-Certified personal injury lawyers Kevin Henrichson and Robert Alden, who is double board-certified in civil trial law and personal injury trial law. We work on a contingency basis, so you owe no fees unless we win, and if you were hurt at your apartment complex, you can reach out to us through our contact form.
