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Property Owner Duty of Care in Texas

Texas property owners owe a legal duty to keep their premises reasonably safe for tenants, visitors, and guests. When a property owner ignores that duty and someone is harmed, the consequences should not fall on the victim alone. With over 35 years of experience and more than $200 million recovered, Johnson Garcia is prepared to hold negligent property owners accountable across Texas. Call today for a free consultation.

Property Owner Duty of Care in Texas

A property owner’s duty of care is the legal obligation to maintain safe conditions and protect people on the property from foreseeable harm. Under Texas premises liability law, this duty applies to landlords who rent apartments, commercial property owners who operate businesses, and property managers who control daily operations. Each of these parties carries a duty to protect tenants and visitors from foreseeable harm. When any of these parties fails to meet the standard of care the law requires, the people they were supposed to protect may have the right to pursue compensation.

The lawyers at Johnson Garcia bring over 35 years of experience to premises liability claims when a property owner breaks this duty. Based in Houston and representing victims statewide, the firm investigates what the owner knew, what they failed to do, and who shares responsibility.

What a Property Owner’s Duty of Care Covers in Texas

The property owner duty of care covers more than fixing broken steps. It extends to security, common areas, and the obligation to respond to known dangers before someone is harmed.

Duty Owed to Tenants and Invitees

Tenants and business visitors are owed the highest level of care under Texas law. Property owners must regularly inspect the premises, repair hazards as they arise, and warn of any dangerous conditions they know about, such as uneven walkways, exposed wiring, or defective railings.

Duty to Maintain Common Areas

A landlord who lets common areas deteriorate is putting every tenant and visitor at risk. Hallways, stairwells, parking lots, pools, and shared walkways all fall under the property owner’s responsibility. Ignoring broken lighting, crumbling steps, or standing water in these spaces may result in liability when someone is injured.

Duty to Provide Security Devices

Texas Property Code requires landlords to equip every rental unit with functioning door locks, deadbolts, and window latches. Failing to install or maintain these devices is a direct breach of the landlord duty of care and can support a claim if a break-in or assault follows.

Duty to Address Known Dangers

If a property owner knows about a hazard and fails to fix it or warn tenants, that failure can form the basis of your premises liability claim. Prior incidents on the property, tenant complaints that went unanswered, and inspection reports that flagged unresolved problems all prove what the owner knew and when.

When Property Managers Share the Duty

Property manager liability arises when a management company controls security or maintenance decisions and fails to act on known risks. The manager, the property owner, and any contracted security firm can all share responsibility for the conditions that led to an injury.

Why Choose Johnson Garcia?

Johnson Garcia combines over 35 years of experience with a trial-ready approach to premises liability cases across Texas. The firm has recovered more than $200 million for injured clients and grieving families. Past results do not guarantee future outcomes, but that record reflects a willingness to hold every responsible party accountable when a property owner breaks the duty of care. Johnson Garcia prepares every case for trial, not only for settlement.

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How Texas Law Defines the Property Owner’s Duty of Care

Texas law ties the property owner’s duty of care to the visitor’s legal status on the property. Invitees, such as tenants and paying customers, are owed the highest duty. The property owner must inspect the premises, fix hazards, and warn of dangers. Licensees, such as social guests, are owed a moderate duty that includes warning of known hazards. Trespassers are owed a limited duty, primarily to avoid causing them intentional harm.

When someone is injured, a premises liability claim requires proving four elements. The victim must show that the owner owed a duty of care, that the owner breached that duty, that the breach caused the injury, and that real damages resulted. Texas also follows a comparative negligence rule, meaning your compensation may be reduced if you share some fault for what happened.

The statute of limitations for most premises liability claims in Texas is two years from the date of the injury.

What Happens When a Property Owner Breaks the Duty of Care

When a property owner fails in the duty of care and someone is injured, these steps protect your health and your legal rights.

Step 1: Seek Medical Attention and Document the Hazard

Get medical care as soon as possible, even if your injuries seem minor at first. While still at the scene, take photos of the condition that caused the injury, whether it was a broken lock, a dark stairwell, or a crumbling walkway.

Step 2: Report the Incident and Preserve Evidence

Notify the property owner or manager in writing and keep a copy. Preserve any photos, witness contact information, and written complaints you filed before the incident. These records prove what the owner knew.

Step 3: Contact a Premises Liability Lawyer

A premises liability lawyer can investigate the property’s maintenance history, pull inspection records, and identify every party that shares responsibility. Johnson Garcia offers free consultations and handles these cases on a contingency basis.

Contact Johnson Garcia Now For a Free Consultation

If you were injured because a property owner failed to maintain safe conditions, you should not have to carry the cost of someone else’s negligence. The lawyers at Johnson Garcia understand what you are facing and are ready to fight on your behalf. Evidence of unsafe conditions can disappear quickly when a property owner makes repairs or discards maintenance records, and acting fast helps protect your claim. The firm offers a free consultation and handles premises liability cases on a contingency basis, meaning there is no fee unless the case succeeds.

Property Owner Duty of Care F.A.Q

What does duty of care mean for property owners in Texas?

Duty of care is the legal obligation to maintain safe conditions and protect you from foreseeable harm as a visitor or tenant. The level of care owed depends on whether the person is an invitee, such as a tenant or customer, a licensee, such as a social guest, or a trespasser.

Are landlords required to provide security for tenants?

Texas Property Code requires landlords to provide functioning locks, deadbolts, and window latches on every unit. Beyond those requirements, landlords in high-crime areas may owe additional security measures that match the known risks on and around the property, including lighting, cameras, and controlled access.

When is a property manager liable for an injury?

Property manager liability arises when the management company controls security or maintenance decisions and fails to act on known hazards or tenant complaints. If the manager received reports of a dangerous condition and did nothing, the manager can be named alongside the property owner in a premises liability claim.

How long do I have to file a claim?

Texas generally allows two years from the date of the injury to file a premises liability lawsuit. Missing this deadline usually ends your right to pursue compensation, so speaking with a lawyer early protects your ability to act.

How much does a lawyer cost?

Johnson Garcia handles premises liability cases on a contingency basis, so there are no upfront fees or hourly charges. You pay legal fees only if the case produces a recovery.

Other Areas in Texas We Serve

Johnson Garcia represents premises liability victims throughout Texas, not only in the Houston area. Regardless of where in the state the injury happened, help is within reach. Service areas include:

  • Houston, Texas
  • Galveston, Texas
  • The Woodlands, Texas
  • Brazoria, Texas
  • Pasadena, Texas
  • Pearland, Texas
  • Sugar Land, Texas

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