Landlord’s Responsibility for Slip and Fall in Texas Apartment Home

I tripped and fell down the stairs inside my two-story apartment that I lease. The handrail was removed by the previous tenant. Is my landlord responsible for my injuries?

Thank you for your question. I am sorry to hear about your accident. Under Texas law, landlords are generally not responsible for your injuries.  However, there are some exceptions to this rule that you should be aware of.  A landlord is generally not responsible for dangerous conditions in apartments that are not under his or her control. Since you indicted that you are the present tenant, the interior of your apartment is not under your landlord’s control, but is under your (the tenant’s) control.

Texas law does recognize certain exceptions to the above rule. The landlord may be liable for dangerous conditions in a tenant’s premises if 1) the dangerous condition resulted from the landlord’s negligent repair, 2) the landlord knew or should have known of and concealed the dangerous condition before the current tenant occupied the premises, or 3) the dangerous condition consists of at least a portion of the premises controlled by the landlord.

In your situation, we would need some more facts to understand whether the landlord’s insurance company would honor a claim for injury.   One angle that may prove promising is if the lack of the handrail was a violation of building code.  If your local city ordinance has adopted building codes that requre a handrail in the situation you present, you can use the existance of that law to show that the landlord knew or should have known of a dangerous condition.

I hope this is helpful, as these situations can be very fact intensive, its always best to consult  al Texas slip and fall attorney regarding any legal issues you may have.