When Is a Landlord or Property Owner Liable for Your Injuries?

Posted October 30, 2025 | Personal Injury Blog

If you’ve been injured while visiting or living on someone else’s property, whether it’s a rental apartment, store, or office, you may be entitled to compensation under premises liability law. However, proving that a landlord or property owner is responsible for your injuries isn’t always straightforward.

In this article, we’ll break down:

• When landlords and property owners can be held liable for injuries
• The difference between unsafe conditions and tenant negligence
• Common examples of property-related injuries
• How a premises liability attorney can help protect your rights

At Fielding Law Auto Accident Attorneys, we represent injury victims across Texas and Utah who were hurt because a property owner failed to keep their premises safe.

Understanding Premises Liability

Premises liability law holds property owners and landlords legally responsible for injuries caused by unsafe conditions on their property. These cases often arise from negligence, meaning the owner knew or should have known about a dangerous hazard and failed to fix it.

For example:

• A landlord ignores a leaking pipe that later causes a tenant to slip.
• A grocery store fails to clean up a spill or warn customers of the danger.
• A property manager leaves broken stairs unrepaired for months.

In all these cases, the injured person may have grounds for a premises liability claim against the property owner or landlord.

The Duty of Care Property Owners Owe

Property owners and landlords owe visitors a duty of care, a legal responsibility to keep their property reasonably safe.

This duty applies differently depending on your relationship to the property:

• Invitees (customers, tenants, or guests in a public business): Owners owe the highest duty of care and must regularly inspect and repair hazards.
• Licensees (social guests, visitors): Owners must warn them of known dangers that aren’t obvious.
• Trespassers: Generally, owners don’t owe a duty of care, except in certain cases (like children drawn to a hazard, under the attractive nuisance doctrine).

If you were injured in an apartment complex, shopping center, or office building, a premises liability lawyer can help determine whether the property owner breached their duty of care.

When a Landlord May Be Liable

Landlords are responsible for maintaining safe living conditions in rental properties. Under most state laws, including Texas and Utah, this includes:

• Ensuring the property complies with safety codes and housing regulations
• Fixing known hazards such as faulty wiring, loose handrails, or broken locks
• Providing adequate lighting and security in common areas
• Addressing water damage or mold that could create slip or health hazards

If a landlord fails to address known issues, and that failure causes an injury, they may be held liable. For instance, if a tenant falls due to a broken step that was reported weeks earlier, the landlord’s negligence could form the basis of a valid claim.

Common Property-Related Injury Cases

Fielding Law represents clients injured in a wide variety of property-related incidents, including:

• Slip and fall accidents caused by wet floors or uneven surfaces
• Falling objects in stores or warehouses
• Poorly lit stairwells or parking lots leading to trips or assaults
• Inadequate security resulting in attacks or robberies
• Defective elevators or escalators

• Dog bites or animal attacks on private property (see dog bite lawyers)

Even injuries at apartment pools, playgrounds, or gyms may be grounds for a lawsuit if the landlord failed to properly maintain the area or follow safety regulations.

When the Tenant May Be Responsible

It’s important to note that tenants also have responsibilities. If a tenant’s own negligence, such as ignoring safety rules or damaging property, contributes to an injury, it could reduce or eliminate their claim.

For example, if a renter leaves clutter blocking a hallway and later trips, the landlord likely won’t be held responsible.

An experienced personal injury attorney can assess all factors, including the actions of both the landlord and the tenant, to determine liability.

Proving Negligence in a Property Injury Case

To win a premises liability claim, your attorney must show:

1. The property owner owed you a duty of care.
2. The owner breached that duty by failing to maintain the property or warn of hazards.
3. The breach directly caused your injury.
4. You suffered actual damages (medical bills, pain, lost wages, etc.).

Evidence often includes:

• Photos or videos of the dangerous condition
• Maintenance or inspection records
• Witness statements
• Incident reports
• Medical documentation

Your premises liability attorneys will use this evidence to build a clear and compelling case for compensation.

What Compensation Can You Recover?

If a landlord or property owner’s negligence caused your injury, you may be entitled to recover:

• Medical expenses
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• In some cases, punitive damages for gross negligence

If a loved one died due to unsafe property conditions, your family may pursue a wrongful death claim for additional damages.

Why Legal Help Matters

Property owners and insurance companies often try to deny responsibility, arguing that the victim was careless or that the hazard was “open and obvious.” Without skilled legal representation, it’s easy for your claim to be undervalued or dismissed.

At Fielding Law Auto Accident Attorneys, we know how to investigate property negligence cases thoroughly. We work to prove that unsafe conditions existed, that the owner knew about them, and that their failure caused your harm.

Our attorneys handle cases involving construction site injuries, catastrophic injuries, and all types of premises liability claims across Texas and Utah.

Contact Fielding Law Auto Accident Attorneys

If you were injured due to unsafe property conditions, don’t wait to take action. Evidence fades quickly, and state deadlines for filing claims are strict.

Let Fielding Law Auto Accident Attorneys evaluate your case, explain your legal options, and fight for the compensation you deserve.

Texas Offices:

• Mesquite: 18601 Lyndon B Johnson Freeway Suite 315, Mesquite, TX 75150
• Heath: 4232 Ridge Rd #104, Heath, TX 75032
• Richardson: 2221 Lakeside Blvd, Suite 1600, Richardson, TX 75082

Utah Office:

• Taylorsville: 4179 South Riverboat Road, Ste 150, Taylorsville, UT 84123

Call Fielding Law today for a free consultation, because it’s not about us. It’s about you.