Landlord Liability Attorneys in Austin

Promoting Your Legal Rights and Interests

Were you injured on someone else’s property because it was too easy for criminals to access it? If so, the property owner might be liable for your damages. In most situations, it may not be reasonable for a landowner—including apartment landlords—to ensure you are untouched by criminal activity. However, in certain situations, property owners are responsible for keeping you safe from the dangers of another person’s criminal conduct.

At The Daspit Law Firm, we can help you understand the extent of your legal rights and options when it comes to recovering damages for the injuries you sustained through no fault of your own. When it comes to fighting for your right to receive a legal remedy for your injuries, our expansive team of dedicated attorneys has the necessary legal experience to help you promote your legal interests and protect your rights.

To learn more about The Daspit Law Firm’s comprehensive legal services, call us at (888) 568-8976 today.

Texas Law Regarding Landlord Liability for Third-Party Crimes

In general, property owners and landlords are not legally obligated to protect others from the criminal acts of third-parties. However, Texas courts have held that “one who controls the premises does have a duty to use ordinary care to protect invitees from criminal acts of third parties if he knows or has reason to know of an unreasonable and foreseeable risk of harm to the invitee.” Simply put, landlords are liable for unreasonable and foreseeable criminal acts of third-parties. But, how do courts determine what crimes qualify as “unreasonable” and “foreseeable?”

Texas courts consider the following factors when evaluating the unreasonableness and foreseeability of a crime:

• Proximity: If the landowner knew or had reason to know that other crimes occurred within the immediate vicinity of the property, they might be liable for third-party crimes.
• Publicity: If the area was notorious for its crime rate, a court may find that the landowner had reason to know that others were at risk of harm by the criminal acts of third parties.
• Recency: Courts will consider how recent other criminal activity occurred to determine whether the landowner should have known that others were at risk.
• Frequency: If criminal activity occurs more often in the area, courts are likely to consider the risk of harm to others from criminal activity to be foreseeable.
• Similarity: If the property were prone to mostly burglaries, robberies, or assaults, courts would consider the similarity of the crimes when determining the liability of property owners for criminal acts.

Courts must assess these factors together when determining the foreseeability of a crime. For instance, if an apartment is located in an area generally known for muggings, the landlord may be liable for injuries the plaintiff sustained during such a mugging. In contrast, the landlord probably is not responsible for injuries the plaintiff suffered in a car accident caused during an illegal street race. Importantly, if prior crimes occurred more frequently in closer proximity to the property, the crimes do not necessarily have to be very similar.

Consult The Daspit Law Firm for Legal Representation

Many people are unaware of their legal rights in situations where someone else may be legally responsible for covering your losses after an injury. Thankfully, our legal team at The Daspit Law Firm has what it takes to help you find justice. We offer the kind of personalized legal representation you can expect from a small, boutique law firm while maintaining the strength and resourcefulness of a large firm. You can count on us to deliver comprehensive legal advocacy and advice for you.

Call The Daspit Law Firm at (888) 568-8976 or contact us online for a free consultation about your legal options today.

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