What Happens If You Are Injured at a Texas Apartment Complex?

 Posted on April 21, 2026 in Premises Liability

When a landlord fails to keep a property safe, the people who live and visit there are the ones who get hurt. A broken stairway, a dark parking lot, or a poorly secured entrance can cause serious injuries, missed work, and medical bills that pile up fast. If you were hurt at an apartment complex and someone else's negligence is to blame, Texas premises liability law may give you a path to compensation. 

An Irving, TX personal injury attorney can help you understand your rights and what to expect from the personal injury process in 2026.

What Is Premises Liability, and How Does It Apply to Apartments in Texas?

Premises liability is a legal term for when a property owner is held responsible for injuries that happen on their property because they did not keep it safe. In Texas, apartment injury claims usually come from premises liability law and court decisions about what property owners owe people on their property. In some cases, Texas Property Code Section 92.052 also applies when a landlord fails to fix a condition that affects a tenant’s health or safety.

As a tenant, Texas law classifies you as an invitee. An invitee is someone who enters a property with the owner's knowledge and for a shared benefit, like a tenant paying rent. That status can give you strong legal protection, especially in areas the landlord controls. Your landlord must warn you about dangers they know about and fix hazards they would have caught through a basic inspection. Saying "we did not know" is not always a valid defense when a problem was obvious or had gone unfixed for a long time.

Common Hazards at Texas Apartment Complexes That Can Lead to a Lawsuit

Apartment complexes have a lot of shared spaces, and the hazards are more varied than most tenants expect. Stairways, parking lots, pools, and lobbies all see heavy use every day, and when those areas are not properly maintained, people get hurt. The National Safety Council reports that 30.2 million medically treated injuries occurred in U.S. homes in 2024. This shows how common serious hazards in living spaces can be. When landlords leave broken steps, dark walkways, or wet lobby floors unaddressed, they contribute directly to that toll.

Dangerous conditions at apartment complexes often include:

• Broken or poorly maintained stairways and handrails

• Parking lots and walkways with poor lighting

• Pools that lack proper fencing, working gates, warning signs, or other basic safety features.

• Wet or uneven flooring in lobbies and laundry rooms

• Negligent security, meaning a lack of working locks, cameras, or lighting, that allows a foreseeable crime to occur

When any of these conditions causes an injury, it raises a serious question about whether the landlord did their job to keep the property safe.

What Do You Have to Prove in a Texas Apartment Complex Injury Case?

To win a premises liability case in Texas, you need to show four things. First, the property owner owed you a duty of care, which, as a tenant or guest, you almost always have. Second, there was a dangerous condition on the property. Third, the landlord knew about the problem or would have found it with a basic check. Fourth, that condition directly caused your injury and your losses.

The third point is usually where these cases get disputed. Landlords will often say they had no idea the hazard was there. That is why gathering evidence right after an accident matters so much. Photos of the hazard, maintenance records, incident reports, and witness statements can all show that the landlord knew about the problem, even if they never said so.

What Is Negligent Security, and When Does It Apply to Texas Apartment Complexes?

Negligent security cases come up when a crime happens on apartment property, and the landlord did not take reasonable steps to stop it. Texas courts have found that property owners can be held responsible when crime on their property was predictable and they did nothing to reduce the risk.

The key question is whether the crime could have been expected. If a complex had a history of assaults, break-ins, or trespassing and management knew about it, that raises the question of whether better lighting, locked entry points, or working cameras might have prevented it. These cases take more work to build, but they are a real part of Texas premises liability law, and victims have every right to explore them.

How Long Do You Have to File a Premises Liability Claim in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, most injury victims have two years from the date of the accident to file a lawsuit. This covers the vast majority of premises liability claims. Two years can go by faster than you think. Security footage gets deleted, witnesses forget details, and it gets harder to tie your injuries back to the original incident the longer you wait.

If you or someone you love was hurt at an apartment complex in 2026, reach out to an attorney as soon as you can. The sooner someone starts pulling together evidence, the stronger your case is likely to be. 

Schedule a Free Consultation with a Carrollton, TX Personal Injury Attorney

If you were hurt at an apartment complex because of a landlord's negligence, you do not have to handle this alone. At the Jerry D. Andrews, P.C., our staff speaks Spanish fluently and we are proud to offer excellent legal service to the Spanish-speaking community. Mr. Andrews is board-certified by the Texas Board of Legal Specialization in personal injury trials. Every case is handled on a contingency basis, meaning you pay no fees or costs unless you win. 

Call 214-221-5800 or contact our experienced Irving, TX premise liability lawyer at Jerry D. Andrews, P.C. today to schedule your free consultation.

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