Thompson v. City of Corsicana Housing Authority

In Thompson v. City of Corsicana Housing Authority, 57 S.W.3d 547 (Tex. App.--Waco 2001, no pet.), the tenant sought to impose liability upon the housing authority based upon a lease provision requiring the housing authority to keep the premises in a condition safe for habitation. 57 S.W.3d at 558. Relying on Section 392.006, the court concluded that because the tenant sought only personal injury damages, the housing authority could not be held liable for violation of the lease provision. Id. at 558-59. In Thompson, the tenant framed her complaint as a breach of contract claim, as opposed to a premises defect claim. Id. In Thompson v. City of Corsicana Housing Authority, the plaintiff paid the Corsicana Housing Authority $ 25 per month in rent. Id. at 553. The plaintiff and an acquaintance were injured when the roof of the apartment collapsed while they were sitting in the apartment. Id. at 550. The court concluded that because the plaintiff paid the housing authority monthly rent for occupancy of the apartment, she was entitled to the status of an invitee. Id. at 553. In reaching this conclusion, the Thompson court cited several cases holding that a claimant who pays for use of the premises is under a duty of care owed to an invitee. See id.