Galveston Negligent Security Lawyer, Assault Victims

When a Property Owner's Security Failures Lead to an Attack

Being assaulted, robbed or sexually attacked is traumatic, and it can be even harder when the crime happened somewhere you expected to be reasonably safe. If a landlord, hotel or business ignored known risks and failed to take basic security steps, Texas law may allow you to hold them accountable. The Daspit Law Firm represents crime victims and families in Galveston Island, Galveston County and across Texas in negligent security claims.

These claims are civil cases, separate from any criminal charges against the attacker. Your consultation is free and private, and there is no fee unless we win. Call (281) 748-2044 any time.

What Negligent Security Means

Negligent security is a type of premises liability claim in Galveston. It applies when an owner or operator who controls a property fails to use reasonable care to protect people from foreseeable criminal acts by third parties. The owner did not commit the crime, but its failures may have made the crime possible or more likely.

Examples of security failures include:

•      Broken or missing door locks, deadbolts or gate controls

•      Dark parking lots, stairwells and walkways

•      Security cameras that do not work or are not monitored

•      No security staff where crime has been a known problem

•      Failing to rekey locks after a tenant moves out

•      Ignoring repeated reports of break-ins, assaults or suspicious activity

Where Negligent Security Cases Arise in Galveston County

Crime can happen anywhere, but certain types of properties see more of these claims:

•      Apartment complexes and rental housing in Galveston, Texas City and La Marque

•      Hotels, motels and short-term rentals along Seawall Boulevard and the West End

•      Parking lots and garages, including those serving the cruise terminals at the Port of Galveston

•      Bars and nightclubs downtown and near The Strand, especially during busy events like Mardi Gras

•      Convenience stores, gas stations and shopping centers along Broadway and I-45

•      Event venues, beaches and attractions with large crowds

How Texas Courts Decide These Cases

Texas does not make property owners insurers of everyone's safety. To succeed, an injured person generally must show that the defendant controlled the property, that the crime was foreseeable, that reasonable security measures were not taken, and that this failure was a cause of the injury.

Foreseeability

In Timberwalk Apartments v. Cain, the Texas Supreme Court explained that courts look at prior crimes on or near the property and weigh their proximity, recency, frequency, similarity and publicity. A history of similar violent crimes nearby, police calls or prior complaints to management can all support a claim.

Your Status on the Property

Texas law sets different duties depending on why you were there. Paying customers, hotel guests and tenants in common areas are often treated as invitees, which is the highest level of protection. Social guests are usually licensees, and owners owe trespassers a much more limited duty. Your status can affect the strength of a claim.

Landlord Security Device Rules

Texas landlords have specific duties under Texas Property Code Chapter 92. In general, they must provide certain security devices, such as keyed deadbolts, door viewers and window latches, and must rekey locks within seven days after a new tenant moves in. A violation can support a tenant's claim and provide separate remedies.

Deadlines and Shared Fault

Most negligent security claims must be filed within two years under Tex. Civ. Prac. & Rem. Code §16.003. Under Chapter 33, the property owner may ask the jury to assign a share of responsibility to the attacker, and your recovery from each defendant can depend on those percentages. Careful preparation of the security evidence helps keep the focus on the owner's own failures. This is general information, not legal advice.

Compensation Available to Crime Victims

A successful negligent security claim may provide compensation for:

•      Medical bills, surgery and future treatment

•      Counseling and mental health care for trauma, anxiety or PTSD

•      Lost wages and reduced earning ability

•      Pain, mental anguish and physical impairment

•      In fatal attacks, wrongful death damages for surviving family members

If a loved one was killed, our Galveston wrongful death lawyer page explains who can bring a claim. For severe, lasting harm, see our page on catastrophic injuries. Victims may also qualify for help with certain costs through the Texas Crime Victims' Compensation Program, which is separate from a civil claim.

Steps That Help Protect Your Claim

Your safety and recovery come first. When you are ready:

•      Report the crime to police and request the report number

•      Get medical care and keep all records

•      Photograph broken locks, lighting, gates and the scene if you can do so safely

•      Write down names of witnesses, staff and security personnel

•      Keep your lease, hotel receipt or proof of why you were on the property

•      Do not sign anything from the property owner or its insurer before getting advice

How The Daspit Law Firm Helps

Negligent security cases often depend on records the property owner controls, such as incident logs, camera footage, police call histories and maintenance orders. We act quickly to request that this evidence be preserved. Our founding attorney, John Daspit, worked as an insurance defense lawyer before representing injured people, so he knows how property insurers defend these claims.

We handle cases on a contingency fee, offer free consultations 24/7, and can meet you at home or in the hospital. We speak English and Spanish, and we treat every conversation with discretion. Learn more about our broader personal injury practice in Galveston.

Speak With a Galveston Negligent Security Lawyer

You did not ask for what happened to you, and you should not have to carry the costs alone. Call (281) 748-2044 or send us a confidential message to schedule your free consultation.

Frequently Asked Questions

Can I sue a property owner if someone else attacked me?

Possibly. Texas law may hold a property owner or manager liable when it controlled the property, the crime was foreseeable, and it failed to take reasonable security steps that would have helped prevent the attack. The attacker can also be held responsible, but owners and their insurers are usually the source of compensation.

What makes a crime foreseeable under Texas law?

Courts generally look at prior crimes on or near the property and consider how close, how recent, how frequent and how similar they were, and whether the owner knew or should have known about them. A history of similar violent crimes, police calls or tenant complaints can show the risk was foreseeable.

Does my landlord have to provide locks and security devices?

Yes. The Texas Property Code generally requires landlords to provide specific security devices, such as keyed deadbolts, door viewers and window latches, and to rekey locks within seven days after a tenant turns over. If the landlord ignored these duties, you may have additional remedies.

Do I need the attacker to be convicted to bring a claim?

No. A negligent security case is a civil claim against the property owner and is separate from the criminal case. It can proceed even if the attacker was never arrested or convicted. Police reports and criminal case records can still be helpful evidence.

How long do I have to file a negligent security lawsuit in Texas?

In most cases, two years from the date of the attack under the general personal injury statute of limitations. Some situations, such as claims against government property owners, have shorter notice deadlines. Because footage and records can be deleted, it helps to contact a lawyer quickly.