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Helping Pursue Full Compensation After an Injury
Injured on a rental property in Texas? You could hold the landlord legally responsible if dangerous or poorly maintained property leads to an accident. Property owners have a duty to ensure that visitors, guests, and tenants are not exposed to hazardous conditions on a property. When they fail to do so, a premises liability claim can be filed to seek compensation for all damages.
Landlord Liability in Texas: Tenants Rights to Safe Premises
In Texas, landlords are required to maintain rental properties in a condition suitable for occupancy. That means they must be safe and sanitary. This obligation is outlined in Texas Property Code § 92.052. Under this statute, a landlord must fix any condition that “materially affects the physical health or safety of an ordinary tenant.”
If you are renting a property that has an unsafe condition, notify the landlord in writing unless the problem is so obvious that no notice is needed. Once notified, the landlord is legally obligated to perform timely repairs, provided you are up-to-date on rent payments and your own actions did not cause the damage.
This legal responsibility extends to common areas, structural issues, plumbing, electrical systems, and other aspects of the property that affect tenant safety. If a landlord fails to act and someone is injured, whether a tenant, guest, or service provider, they may be liable under Texas premises liability law.
What Is Landlord Negligence?
Negligence claims can arise when the landlord knew or should have known about a hazard and failed to address it within a reasonable time. When the duty of care has been breached (violated), victims can seek damages for medical costs, lost income, and other damages.
Key Elements of a Premises Liability Claim
If you were hurt due to unsafe conditions on a rental property, suffering an injury isn’t enough to win a lawsuit. You must show that the landlord’s negligence directly led to the incident. Under Texas premises liability law, four key elements must be established:
- Duty of care: Property owners (landlords) are legally obligated to maintain safe conditions for tenants, guests, and visitors. They must regularly inspect the premises and take reasonable steps to repair or issue warnings to tenants of known hazards.
- Breach of duty: You must show the landlord failed to uphold the duty to ensure tenants are safe from harm. Whether they ignored a broken stair, faulty wiring, water damage, or another danger, their failure to act and repair the condition within a reasonable time will be considered a breach.
- Causation: You must prove this unsafe condition caused your injury. The case will require supporting evidence such as incident reports, photographs, medical records, witness statements, and other supporting information.
- Damages: You must demonstrate that the injury resulted in measurable harm. The documentation may include medical bills, lost wages, physical pain, emotional distress, or other physical, emotional, and financial losses resulting from the injuries suffered.
Building a strong case against a negligent landlord requires professional legal support. With the help of an experienced personal injury attorney in Edinburg, Texas, you can expect personalized, dedicated guidance to help you seek compensation for all damages.
Common Unsafe Conditions Leading to Rental Property Injuries
Unsafe conditions that may lead to landlord liability include:
- Broken staircases or handrails
- Lack of adequate lighting
- Leaks in walls, ceilings, etc.
- Worn and damaged electrical wiring
- Insect, rodent infestation
- Security failures
- Mold
- Broken security gate latches
These hazards can cause slips, falls, electrocutions, or other serious injuries.
Tenant Responsibilities and Comparative Fault
While Texas law imposes duties on landlords, tenants also have specific legal responsibilities that can affect a personal injury claim. Under Texas Property Code § 92.006 and § 92.052, tenants are expected to:
- Keep the premises clean and sanitary
- Use the property in a reasonable manner
- Promptly notify the landlord of any dangerous or defective conditions
- Refrain from intentionally or negligently damaging the property
These responsibilities are part of the tenant’s legal obligation under a lease. If a tenant fails to report a hazard promptly, misuses the property, or contributes to the dangerous condition through negligence, it could affect the ability to recover compensation.
Texas follows a modified comparative fault rule: Texas Civil Practice & Remedies Code § 33.001. This means if a tenant is found to be partially at fault for an injury, their compensation will be reduced by what is determined to be their percentage of fault. If the tenant is determined to be more than 50 percent at fault, they will be unable to gain compensation for damages.
Example: If a tenant ignored a leaking pipe for weeks and eventually caused a fall, a court may find the tenant was responsible for failing to inform the landlord, so the hazardous condition was resolved.
Statutory Protections for Tenants
The Texas Property Code offers tenants clear legal protections when landlords fail to meet their repair obligations. Under Section 92.056, if a landlord does not address a condition after receiving proper written notice, the tenant may have the right to:
- Repair the hazard yourself and deduct the cost from rent (under specific
- Terminate the lease without a penalty conditions)
- Sue the landlord for damages, court costs, and attorney’s fees
These statutory remedies hold landlords accountable and ensure tenants are not forced to live in uninhabitable conditions. Tenants can protect their health and financial well-being by enforcing these rights.
What to Do After an Injury on Rental Property
Taking the right steps early on can significantly strengthen your legal claim. Here’s what to do:
- Seek medical attention: Your health is the priority. Get medical care immediately, even if injuries seem minor. Ensure all diagnoses and treatments are documented, as medical records are critical evidence.
- Document the scene: If physically able, take photos of the hazard that caused your injury. If possible, gather the name, number, and address of any witnesses or others who were aware of the unsafe condition.
- Notify the landlord in writing: Report the incident and the hazard to the landlord or property manager. Written notice, dated and sent via certified mail or email, creates a record that the landlord was informed.
- Preserve all evidence: Keep copies of your medical bills, correspondence with your landlord, and any repair requests or prior complaints about the property.
- Consult an attorney: A knowledgeable Texas personal injury lawyer can evaluate your case to determine whether the landlord breached their duty and help you pursue compensation by engaging in negotiation or litigation.
Potential Compensation for Injuries on Rental Property
You may be entitled to financial compensation if a landlord’s negligence caused your injury. Recoverable damages may include:
- Medical expenses: Costs for emergency treatment, hospitalization, rehabilitation, medication, and future medical care.
- Lost wages: Income lost due to missed work during recovery, including future earning capacity in serious injury cases.
- Pain and suffering: Compensation for physical pain, emotional distress, loss of enjoyment of life, and other personal losses.
- Punitive damages: Damages paid to punish the landlord and deter similar conduct could be possible if the landlord’s lack of care for a property were extremely severe.
The total amount of compensation depends on the severity of your injuries, the extent of the landlord’s negligence, and how the injury impacts your long-term quality of life.
What Are the Time Limits for Filing a Lawsuit?
After the date of your injury, you only have two years to file a claim in Texas. Failing to file within this period may forfeit your right to sue. Because it may take time to process your claim, starting as soon as possible is essential.
Trust Your Case to the Law Office of Raul A. Guajardo, P.L.L.C.
An injury caused by unsafe rental conditions can affect your health, overall well-being, your livelihood, and your finances. At the Law Office of Raul A. Guajardo, P.L.L.C., our premises liability lawyers have seen the heavy physical, emotional, and financial toll these situations cause. We are here to fight for the justice you deserve.
Texas law requires landlords to maintain safe and habitable properties. They should be held accountable when they fail in that duty. Our legal team has over 20 years of experience helping injured Texans take meaningful legal action. Let us be your voice during this difficult time. Call today for a free, no-obligation consultation and take the first step toward protecting your future. Edinburg, TX: 956-276-8819, or McAllen, TX: 956-476-6055.
