Slip and Fall Accidents at Apartment Complexes: Tenant Rights in Texas

Protecting Your Rights After a Slip and Fall at a Texas Apartment Complex

One moment you’re walking to your mailbox or heading up the stairs, and the next, you’re on the ground in pain. Slip and fall accidents in apartment complexes happen fast – and they can leave tenants with serious injuries, costly medical bills, and weeks or months of recovery.

In Texas, landlords have a legal obligation to keep common areas safe. When they fail to address hazards, tenants have the right to seek compensation for their injuries. But apartment slip and fall cases aren’t always straightforward. Landlords and their insurance companies often fight these claims, making it critical to understand exactly how the law works, what evidence you’ll need, and the steps to protect yourself from day one.

This guide walks you through common causes of apartment slip and fall accidents, the landlord’s legal responsibilities under Texas law, how to prove negligence, and the damages you may be entitled to recover.

Common Causes of Slip and Fall Accidents in Apartment Complexes

Apartment complexes have multiple shared spaces where tenants, visitors, and delivery workers regularly pass through. If these areas aren’t properly maintained, hazards can quickly develop – putting everyone at risk.

While a single spill or loose handrail might seem minor, for a tenant navigating the property daily, these dangers can lead to severe injuries. Many of these hazards are entirely preventable with routine maintenance and reasonable safety measures.

Top hazards that cause tenant slip and fall injuries:

• Wet or icy walkways – Rainwater pooling on sidewalks, unshoveled ice in winter, or leaking gutters can make walkways treacherous.

• Poor lighting – Broken or missing lights in hallways, stairwells, and parking areas make it harder to see obstacles or uneven surfaces.

• Uneven pavement – Cracked sidewalks, potholes in parking lots, and broken tiles create tripping hazards.

• Loose or missing handrails – Stairs without sturdy railings significantly increase the risk of falls.

• Worn or torn flooring – Old carpeting, lifted tiles, or peeling vinyl in common areas can easily catch a foot.

• Standing water indoors – Leaks or spills in laundry rooms, gyms, or lobbies can cause dangerous conditions if left unaddressed.

According to the Centers for Disease Control and Prevention, falls are one of the leading causes of injury-related ER visits in the United States, and many occur in residential settings. For apartment residents, the danger is amplified by the fact that they must rely on the landlord or property manager to maintain shared spaces.

Landlords who fail to take basic precautions – such as salting icy stairs, repairing broken lights, or fixing cracked pavement – may be legally responsible when a slip and fall occurs.

Landlord Duty of Care Under Texas Law

Texas law requires landlords to maintain apartment complexes in a condition that is reasonably safe for tenants, guests, and anyone who has a legal right to be on the property. This duty applies to all common areas – the spaces outside individual units that the landlord controls and is responsible for maintaining.

Examples of landlord-controlled common areas:

• Parking lots and sidewalks

• Hallways and staircases

• Laundry rooms, gyms, and pools

• Shared lobbies or entryways

The law considers a landlord negligent if:

1. A dangerous condition existed in a common area.

2. The landlord knew about the hazard, or should have discovered it through reasonable inspections.

3. The landlord failed to fix the hazard or warn tenants within a reasonable amount of time.

Importantly, a landlord is not automatically responsible for hazards inside a tenant’s private unit unless:

• The tenant notified them of the issue, and

• They failed to address it in a timely manner.

Common area maintenance duties vs. tenant responsibilities:

If a landlord neglects these duties and someone is injured as a result, the injured party may have a valid premises liability claim under Texas law.

Proving Landlord Negligence in Slip and Fall Claims

Winning a slip and fall case against a landlord in Texas requires more than proving you were injured on the property – you must show that the landlord’s negligence directly caused your injury.

Under Texas premises liability law, you generally need to prove:

1. A hazardous condition existed in a common area.

2. The landlord knew about the hazard or should have discovered it through reasonable inspections.

3. The landlord failed to fix the hazard or warn you in time to prevent injury.

4. The hazard directly caused your injury.

Why notice is so important
If a landlord had no reasonable way of knowing about the danger before your accident, it may be harder to hold them liable. That’s why “notice” is a central issue in these cases – proving the landlord had actual knowledge (reported hazard) or constructive knowledge (hazard existed long enough they should have discovered it).

Evidence that strengthens a tenant’s case:

• Photos or videos of the hazard taken immediately after the incident

• Witness statements from neighbors, visitors, or workers who saw the hazard

• Incident reports filed with apartment management

• Maintenance records showing repairs – or lack of them – over time

• Medical records linking the injury to the fall and detailing its severity

Checklist for tenants after a fall:

• Document the hazard with multiple photos and videos from different angles.

• Report the incident to management in writing (keep a copy).

• Request a copy of any internal incident report.

• Save all medical bills, test results, and treatment notes.

• Collect contact information for any witnesses.

These steps create a strong paper trail that can make the difference between a dismissed claim and a successful settlement or verdict.

Comparative Fault in Texas Tenant Injury Cases

In Texas, slip and fall claims are decided under the Modified Comparative Fault system – often called the “51% bar rule.” This means your compensation can be reduced if you share some responsibility for the accident. And if you are found 51% or more at fault, you cannot recover anything at all.

How comparative fault works in practice:

• 0–50% at fault: You can still recover damages, but the award is reduced by your percentage of fault.

• 51% or more at fault: You recover nothing.

Example:
A tenant slips on a poorly lit staircase in an apartment building. The court finds the landlord 80% at fault for failing to replace the lightbulb but assigns 20% fault to the tenant for carrying large boxes that obstructed their view. If total damages are $50,000, the tenant would receive $40,000 after a 20% reduction.

Common ways landlords try to shift fault:

• Claiming the hazard was “open and obvious”

• Arguing the tenant ignored posted warning signs

• Pointing out unsafe footwear, distractions, or intoxication

• Highlighting that the tenant failed to use available handrails or lighting

How tenants can counter these arguments:

• Show that the hazard was unavoidable given the layout of the property

• Provide witness testimony that no warnings were posted

• Present evidence that the hazard existed long before the accident without being fixed

Understanding how fault is assigned is essential in preparing a strong case, as even a small increase in your fault percentage could mean a large decrease – or complete loss – of compensation.

Damages Tenants Can Recover After a Slip and Fall

If your landlord is found responsible for your injuries, Texas law allows you to seek compensation for both economic and non-economic damages. The exact amount depends on the severity of your injuries, the impact on your daily life, and the evidence you can present.

Economic damages – These are direct financial losses, which may include:

• Emergency room visits and hospital stays

• Surgeries, physical therapy, and follow-up care

• Prescription medications and medical equipment

• Lost wages from time off work

• Reduced future earning capacity if you cannot return to your previous job

• Long-term care costs for serious injuries

Non-economic damages – These compensate for the personal, non-financial impact of your injuries, such as:

• Pain and suffering from the accident and recovery process

• Emotional distress, including anxiety or depression

• Loss of enjoyment of life due to reduced mobility or activity limits

• Permanent scarring or disability

Case example:
A Dallas tenant suffered a severe ankle fracture after tripping over a broken stair in her apartment complex. She required surgery and months of physical therapy, missing three months of work. Her settlement covered her medical bills, lost income, and an additional amount for pain and loss of mobility, since she could no longer participate in activities she enjoyed before the fall.

For serious injuries, attorneys often work with medical and financial experts to project future costs, ensuring the compensation accounts for years – not just weeks – of impact.

Steps to Take After a Slip and Fall in Your Apartment Complex

What you do in the hours and days after a slip and fall can make or break your case. Acting quickly helps protect your health and ensures critical evidence is preserved before it disappears.

Step-by-step action plan for Texas tenants:

1. Get medical care immediately
   Even if you think your injuries are minor, see a doctor right away. Some injuries – like concussions, internal bleeding, or hairline fractures – may not be obvious at first but can worsen quickly. Medical records from this visit will also serve as key evidence.

2. Document the scene
   Take clear, well-lit photos or videos of the hazard from multiple angles. If the condition could be fixed quickly (like a spill or broken light), capturing it before it’s repaired is essential.

3. Report the incident in writing
   Notify your landlord or property management immediately and do it in writing – email is fine, but keep a copy. Include the date, time, and a description of what happened.

4. Request a copy of any incident report
   If management creates an internal report, ask for a copy. This document may contain admissions or details that support your claim.

5. Preserve all evidence
   Save your shoes and clothing from the incident in the same condition they were in at the time. Keep all medical bills, receipts, and correspondence with the landlord.

6. Get witness statements
   If anyone saw your fall or knows about the hazardous condition, ask them for a statement or their contact information.

7. Contact a premises liability attorney
   A lawyer familiar with Texas tenant injury law can evaluate your case, communicate with the landlord’s insurance company, and help you seek fair compensation.

FAQs About Slip and Fall Accidents at Apartment Complexes in Texas

What should I do immediately after a slip and fall at my apartment complex?
Seek medical attention right away, document the hazard with photos or video, report the incident to management in writing, and keep copies of all records.

Can my landlord be held liable for my injuries?
Yes, if the landlord knew or should have known about the hazardous condition in a common area and failed to fix it or warn tenants within a reasonable timeframe.

What if I was partly at fault for the accident?
Under Texas’s Modified Comparative Fault rule, you can still recover damages if you are 50% or less at fault. Your compensation will be reduced by your percentage of fault.

What types of damages can I recover?
You may recover economic damages such as medical bills and lost wages, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.

How long do I have to file a slip and fall claim in Texas?
Generally, you have two years from the date of the accident to file a personal injury lawsuit in Texas. Waiting too long can result in losing your right to seek compensation.

Does it matter if the fall happened inside my apartment?
If the hazard was inside your private unit, the landlord is only responsible if you reported the issue and they failed to repair it within a reasonable time.

What evidence is most important in a Texas slip and fall claim?
Photos or videos of the hazard, witness statements, incident reports, maintenance records, and medical documentation are critical pieces of evidence.

Do I need a lawyer for a slip and fall case?
While it’s not required, having a lawyer can significantly improve your chances of proving negligence and recovering fair compensation, especially when dealing with a landlord’s insurance company.

Get Experienced Legal Help for Slip and Fall Injuries in Texas Apartment Complexes

If you’ve been injured in a slip and fall at your apartment complex, you don’t have to face the landlord or their insurance company alone. Genthe Law Firm in Dallas has experience standing up for tenants across Texas, helping them recover the compensation they need for medical bills, lost wages, and lasting injuries.

We understand how quickly a fall can disrupt your life – and we know how to build a strong case that protects your rights from day one.

Call us today at 214-957-0898 for a free consultation and learn how we can help you move forward.