Owners, management companies and outside contractors can each share responsibility for a hazard.
An apartment injury can involve one responsible party or several. Who is liable depends on what caused the injury, who controlled the area or did the work, and what proof the legal standard requires.
Possible defendant | When they may be responsible |
|---|---|
Owner | When it kept control of the area, hid a defect it knew about at leasing, or made a negligent repair [S26]. |
Management company | When its own employees, decisions, or repairs helped cause the danger. |
Contractor | When its negligent work created the dangerous condition [S22, S23]. |
Design professional | When a design defect caused the injury, subject to certificate-of-merit and repose rules [S11-S12]. |
Driver | When the driver's negligence caused a crash in the parking lot. |
Another tenant | When that tenant's conduct caused it. The landlord isn't automatically responsible. |
Public housing authority | When Tort Claims Act rules allow the claim, including a six-month notice deadline [S14, S29]. |
A company isn't liable just because its name appears in the apartment's records. To have a lawyer look at your facts, tell us about your apartment injury or call (214) 200-4878.
The owner and the lessor rule
A Texas landlord generally owes no duty to tenants or their invitees for dangerous conditions in premises leased to and controlled by the tenant, with three main exceptions [S26].
Exception under Endsley | Hypothetical example |
|---|---|
Areas the landlord keeps control of | Common stairs, the breezeway outside Building 4 or the pool [S26]. |
Concealed defects the landlord knew about at leasing | A rotted subfloor covered before move-in [S26]. |
Negligent repairs | A balcony railing patched with the wrong fasteners [S26]. |
In Parker v. Highland Park, a tenant's guest fell on a dark common stairway whose lights the landlord controlled, and the landlord's duty extended to the guest [S5-S6]. Austin v. Kroger later called Parker the necessary-use exception, and it doesn't make every landlord liable for every injury on the property [S5-S6].
If the injured person was | The owner's duty under Payne |
|---|---|
An invitee | Use ordinary care to reduce or eliminate an unreasonable risk from a condition the owner knew or reasonably should have known about [S27]. |
A licensee | Warn of or make safe a dangerous condition the owner actually knew about and the licensee didn't, and avoid gross negligence [S27]. |
A guest | It depends on the facts [S27]. |
The management company
A management company answers for what it actually did or controlled, not for the brand on the sign.
Fact to check | Why it matters |
|---|---|
Who received complaints, inspected, or hired vendors | It shows who knew and who decided. |
Whether it could only recommend a major repair | Then find out who made the final call. |
Whether its employees did the repair | Then confirm who employed and supervised them. |
Under §92.003, the management company named in a written notice to the tenant is the owner's sole agent for service of process, which helps identify the right entity [S4].
Record | What it can show |
|---|---|
Your lease and any ownership notice | The owner and the management company [S4]. |
Resident portal messages | Who answered complaints and assigned work. |
Contractors and design professionals
A contractor can be responsible for negligent work or a dangerous condition it created, once duty, breach, causation, and damages are proved.
Rule | What it means |
|---|---|
Strakos v. Gehring | Texas rejected the accepted-work doctrine, so a contractor isn't immune just because its work was completed and accepted [S23]. |
United Scaffolding v. Levine | A claim based on a condition the contractor's work created sounds in premises liability, not general negligence [S22]. |
Scope of the work | Get the dates, location, and methods. A vendor that worked on a different building isn't responsible just because it's in portfolio records. |
Professional claims and repose deadlines can limit who can be added later, so check them early [S11-S12].
Rule | What it says |
|---|---|
Certificate of merit (Ch. 150) | A claim against a licensed architect, engineer, land surveyor, or landscape architect needs a certificate of merit filed with the first pleading that asserts the claim against that professional (§150.002(a)), with a narrow exception when limitations is about to expire [S12]. |
Design repose (§16.008) | A 10-year repose period from substantial completion for architects, engineers, interior designers, and landscape architects [S11]. |
Construction repose (§16.009) | A 10-year repose period from substantial completion for people who construct or repair improvements. If injury happens in the last year, suit may be brought within two years of accrual (§16.009(d)). It doesn't protect a person in actual possession or control of the property [S11]. |
Drivers, other tenants, and equipment companies
Each needs its own theory and proof.
Party | What has to be shown |
|---|---|
A driver who hits a pedestrian | An auto negligence claim, plus a separate premises or contractor theory if a property condition contributed. |
Another resident | That resident's conduct, since the landlord isn't automatically responsible for it. |
Installers, service companies, and manufacturers | Whether installation, maintenance, operation, or a product defect caused it. |
Public housing
Publicly owned or affiliated housing raises questions about legal status, immunity, notice, waiver, and statutory limits [S14].
Issue | What to know |
|---|---|
Housing authority status | A unit of government under the Tort Claims Act (Local Gov't Code §392.006) [S29]. |
Notice deadline | Within six months (§101.101), unless a charter or ordinance sets another period or actual notice applies [S14]. |
Public funding | Public money alone doesn't make an owner governmental, and a housing authority isn't a private LLC [S14]. |
How multiple-party cases work
Chapter 33 lets fault be allocated among the legally relevant participants [S15].
Your share of responsibility | Effect on recovery |
|---|---|
More than 50 percent | You recover nothing [S15]. |
50 percent or less | Damages are reduced by your percentage [S15]. |
More defendants | No multiplied recovery and no double payment. Settlements and responsible third parties need further analysis [S15]. |
Give each proposed defendant a duty, supporting facts, a causal explanation, and open questions.
What that shows | Hypothetical example |
|---|---|
A strong claim against one company | The pool gate latch was broken and the owner's inspection log noted it. |
A case against several | The vendor installed the railing and the manager ignored three portal tickets. |
Unsupported allegations | A company with no supporting facts stays out. |
Frequently asked questions
Question | Short answer |
|---|---|
Can I sue both the owner and the repair company? | Possibly, if each has a supported legal responsibility. A lawyer should explain the evidence connecting each one to the injury. |
Is there a maximum number of liable parties? | No preset number. The law, evidence, procedural rules, and deadlines decide. |
Why talk with Aaron Herbert? | Aaron Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization [S1]. Ask The Law Firm of Aaron A. Herbert, P.C. how it would look into control, complaints, and repairs in your case. Certification isn't a promised result. |
Tell us about your apartment injury
Bring your lease, portal tickets, and the names of any vendors you saw. Tell us about your apartment injury or call (214) 200-4878.
Related pages | What it covers |
|---|---|
Every guide in one place. | |
The claim and lawsuit process. | |
First steps and evidence. | |
How Texas courts decide whether a property owner was negligent | Premises liability standards. |
Negligent Apartment Construction and Repair Claims in Texas | Builders and repair vendors. |
Texas Apartment Injury Liability Insurance and Policy Limits | Whose insurance may apply. |
Dallas premises liability lawyer and Fort Worth premises liability lawyer | The firm's property-injury pages. |
Sources
Source | What it supports |
|---|---|
[S1] State Bar of Texas, Aaron Alan Herbert, Bar No. 24036761 | Board certification. |
[S4] Texas Property Code Chapter 92 | Agent for service. |
[S5] Parker v. Highland Park, Inc. (Tex. 1978) | Guest on landlord-controlled stairs. |
[S6] Austin v. Kroger Texas, L.P. (Tex. 2015) | Necessary-use exception. |
[S11] Civil Practice and Remedies Code Chapter 16 | Repose. |
[S12] Civil Practice and Remedies Code Chapter 150 | Certificate of merit. |
[S14] Civil Practice and Remedies Code Chapter 101 | Tort Claims Act notice. |
[S15] Civil Practice and Remedies Code Chapter 33 | Proportionate responsibility. |
[S22] United Scaffolding, Inc. v. Levine (Tex. 2017) | Contractor-created conditions. |
[S23] Strakos v. Gehring (Tex. 1962) | Accepted-work doctrine. |
[S26] Johnson County Sheriff's Posse, Inc. v. Endsley (Tex. 1996) | Lessor duty and exceptions. |
[S27] State Dep't of Highways & Pub. Transp. v. Payne (Tex. 1992) | Invitee and licensee duties. |
[S29] Local Government Code §392.006 | Housing authorities. |
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers