What to Do If You’re Injured While Renting in Texas: A Tenant’s Guide

Imagine this: you’re carrying groceries up the apartment stairs when your foot slips on a broken step that’s been loose for weeks. You fall, injuring your ankle badly enough to need medical care and miss work. At this point, you’re probably wondering what to do if you’re injured while renting. It’s a frustrating situation, and unfortunately, it’s one many renters in Texas face when landlords neglect repairs.

Understanding your rights as a tenant in Texas is crucial to protecting yourself legally and financially after an accident. Not only can it help you get the care and compensation you need, but it can also protect others from facing the same hazard. Texas law has its own specific nuances when it comes to landlord responsibilities and tenant protections. This guide will walk you through what to do if you’re injured in your rental, how to document the situation, and when it might be time to involve legal help.

Prioritize Your Health

Your safety and well-being come first. Before anything else, make sure you receive proper medical care. Don’t wait to see if the injury worsens—go to the emergency room, urgent care, or your doctor as soon as possible. Document injuries with photos and medical records. Make sure the photos are clear and time-stamped. Request copies of X-rays, diagnostic results, and treatment notes from your healthcare provider. Save all medical receipts, prescriptions, and notes from your physician. These documents can serve as critical evidence if you need to file a legal or insurance claim.

Document the Scene

Strong evidence can make or break a claim. As soon as you’re able, gather clear and detailed documentation of the hazardous condition that caused your injury.

Take photos and videos of the hazard
- Capture wide shots and close-ups of the dangerous condition such as broken stairs, loose railing, wet floors, etc. Make sure the images are time-stamped if possible.
Note the presence or absence of warning signs
- Were there any caution signs, barriers, or maintenance notices? Document whether the landlord took any steps to warn tenants about the danger.
Check for previous complaints or issues
- If you or others have reported this issue before, mention it and try to locate copies of those reports. Past complaints can help prove the landlord knew about the hazard.
Get witness statements
- If anyone saw the incident or can confirm the condition existed before your injury, ask them for a written or recorded statement. Be sure to include their contact information.

Tenant Rights and Protections

As a renter in Texas, you’re entitled to certain legal protections that ensure your living space is safe and your rights are respected, especially after reporting an injury or unsafe condition. The Texas Property Code requires landlords to maintain rental properties in a condition that is safe and sanitary. This includes repairing conditions that materially affect the health or safety of an ordinary tenant. Tenants have the right to a habitable home, which means your rental must be structurally sound, have working plumbing, heating, and electrical systems, and be free from conditions that pose health or safety risks (mold, pest infestations, broken locks).

Texas law prohibits landlords from retaliating against tenants who:

Report code violations or unsafe conditions to a government agency
Request repairs in good faith
Join a tenant organization or exercise other legal rights

Retaliation can include actions like eviction notices, rent increases, or refusal to renew a lease—within six months of a tenant’s protected action, such moves are presumed retaliatory unless the landlord proves otherwise.

Understanding Landlord Liability Under Texas Law

Not every accident automatically makes a landlord liable, but Texas law does impose specific duties on landlords to maintain safe living conditions. Under Texas premises liability law, landlords must keep common areas reasonably safe and repair known hazards within a reasonable timeframe. This includes things like stairwells, lighting, walkways, and structural issues.

A landlord can be held legally responsible for your injury if:

They knew or should have known about the hazardous condition
They failed to fix it within a reasonable time
The hazard directly caused your injury

Examples of landlord liability include:

Ignoring repeated reports of a loose handrail
Failing to repair broken lighting in shared stairwells
Neglecting mold or water leaks that lead to injury

Tenants are typically responsible for keeping their individual units safe. However, landlords are responsible for structural issues, common areas, and anything they control or were made aware of.

When to Consult a Lawyer

While not every rental injury requires legal action, there are clear situations where speaking with an attorney is the smartest move such as:

If you’re facing significant medical bills, lost wages, permanent disability, or ongoing treatment, a lawyer can help you pursue compensation that reflects the full extent of your losses.
If your landlord refuses to make repairs, downplays the hazard, or denies fault for your injury, legal support can help you gather evidence and hold them accountable under Texas law.

Look for attorneys who specialize in personal injury or landlord-tenant law in Texas. Many offer free consultations and work on a contingency fee basis—meaning they only get paid if you win.

File a Premises Liability Claim (If Applicable)

If your injury was caused by a hazardous condition your landlord failed to address, you may have grounds to file a premises liability claim under Texas law.

Filing a claim may be appropriate if:

Your injury required medical attention or resulted in lost income
The landlord was aware—or should have been aware—of the hazard
The issue wasn’t resolved in a timely or reasonable manner
You’ve documented the scene, your injury, and landlord communications

An experienced premises liability attorney can investigate the incident and gather evidence. They can also handle communications with insurance companies or the landlord’s legal team and negotiate a settlement or represent you in court.

Contact Thomas J. Henry Law Now

If you’ve been hurt because of unsafe conditions in your rental home, we understand how overwhelming and stressful that can be. You shouldn’t have to face medical bills, missed work, and uncertainty about your rights alone. Our compassionate and experienced attorneys are here to listen, support you, and fight for the justice you deserve. Reach out today for a free, no-obligation case review. We’re here to help you move forward.