When a violent crime or injury occurs on someone else’s property due to inadequate security precautions, victims may be entitled to compensation through a negligent security claim. Premises liability law holds property owners accountable when their failure to provide reasonable security leads to foreseeable harm to guests.
The sections below offer tips for proving a negligent security claim in Texas.
Know the Elements of a Negligent Security Claim
To succeed in a negligent security lawsuit, the plaintiff must prove the following legal elements:
- The property owner or manager had a duty to provide reasonable security measures to protect lawful visitors or tenants.
- The defendant failed to satisfy that duty. For example, the property owner may have declined to fix a broken gate or install lighting in a dark parking lot.
- The criminal act that caused the injury to the plaintiff was reasonably foreseeable. This foreseeability might be based on prior crimes in the area or warning signs known by the property owner.
- The lack of adequate security directly contributed to the plaintiff’s injury and caused them actual harm.
To prove your claim, you will need sufficient evidence of the security violations that contributed to your injuries.
Understand What Evidence is Most Useful for Proving Your Claim
The strength of your case often comes down to the quality of evidence you can present. Here are types of evidence that can help establish negligent security:
- Crime reports and police records on the property can show that the property owner should have known about ongoing security threats.
- Surveillance videos can reveal security failures, such as unlocked entrances, poor lighting, or the absence of security guards.
- Maintenance records of broken locks, lights, fences, or gates can show security lapses.
- Witness testimony from other tenants, employees, or bystanders can corroborate unsafe conditions or previous incidents that went unaddressed.
- Expert testimony from security specialists may provide insight into how proper safety measures could have prevented the crime.
- Photos of the scene can show poor lighting, broken doors, or lack of signage.
If you’ve been injured on another party’s property due to negligent security, an experienced attorney can help you uncover the security failures that led to your injuries.
Other Tips for Proving Your Negligent Security Case
You should take certain steps after an injury on another party’s property to protect your health and your injury claim.
It is important to:
- Document the scene. If you’ve been injured, take photos or videos of the area as soon as possible. Capture lighting, exits, locks, and anything else that appears unsafe.
- File a police report. Reporting the incident to law enforcement ensures that there is a legal record of the crime, which may include preliminary findings that support your claim.
- Seek medical treatment. Immediate medical attention protects your health and also creates a link between the incident and your injuries. Additionally, it prevents other parties from claiming you failed to mitigate your damages.
- Request incident reports from the property owner. Ask the property owner for copies of any internal reports or complaints about safety concerns that might relate to your case.
You should also consider hiring an experienced negligent security attorney to handle the legal aspects of your case. An attorney who specializes in premises liability claims can investigate your case, identify security failures, and hold the liable parties responsible for your injuries.
Set up a free consultation with one of our experienced Houston attorneys today.