Negligent Security Lawyer in West Texas

When someone is attacked or robbed at an apartment complex, hotel, parking lot, shopping center, bar or other business, the criminal is the person primarily to blame. But property owners and managers who ignore known safety risks can also be responsible. If you were hurt because a property lacked reasonable security, the Daspit Law Firm can help you hold the owner accountable.

What Is Negligent Security?

Negligent security is a type of premises liability claim. Under Texas law, a property owner or occupier generally does not have a duty to protect people from the criminal acts of strangers. However, a person or business that controls the property may be liable if the crime was foreseeable and the owner failed to take reasonable steps to prevent it, such as repairing locks, adding lighting, hiring security or warning visitors. See our premises liability page.

How Texas Courts Decide Whether a Crime Was Foreseeable

Texas courts consider several factors together, not one at a time:

•       Proximity: how close to the property other crimes occurred

•       Recency: how recently other crimes occurred

•       Frequency: how often crimes occurred

•       Similarity: how similar those crimes were to the one that injured you

•       Publicity: how well known the property's or area's crime problem was to the owner

Prior crimes do not have to be identical to the crime that hurt you, but the evidence has to show that the owner had reason to anticipate the risk. Each case depends on its own facts.

Common Negligent Security Situations

•       Assaults, shootings and robberies at apartment complexes

•       Attacks in parking lots and garages

•       Crimes at hotels, motels, bars and nightclubs

•       Sexual assaults where doors, locks or lighting were inadequate

•       Crimes at convenience stores, gas stations and shopping centers

Security Failures That Can Support a Claim

•       Broken or missing locks, gates and entry controls

•       Inadequate lighting

•       No security guards, or poorly trained guards

•       No working cameras

•       Failure to respond to prior crimes or tenant complaints

•       Failure to warn tenants or guests about known dangers

What Compensation May Be Available?

•       Medical expenses and future care

•       Lost wages and lost earning capacity

•       Pain and suffering, trauma and mental anguish

•       Wrongful death damages for the family of a person killed

Frequently Asked Questions About Negligent Security

Can I sue a property owner if I was attacked on their property?

Possibly. If the owner or manager failed to take reasonable security steps when the risk was foreseeable, they may be responsible, even though the criminal acted intentionally.

What evidence helps a negligent security case?

Police reports of prior crimes, tenant complaints, security records, lighting and camera information, and expert opinions on what security measures were reasonable.

Can I sue if I do not know who attacked me?

Yes. A claim against the property owner does not require that the attacker be identified or convicted.

Is a landlord required to provide security devices?

Texas law requires residential landlords to provide certain basic security devices, such as door locks, but the rules depend on the lease and the property.

What is the deadline to file?

Generally two years from the date of the crime. Evidence can be lost quickly, so speak to a lawyer promptly.

Does it cost anything to find out if I have a case?

No. Your consultation is free and confidential.