Victims of shootings and other violent crimes sometimes discover that the incident occurred because a property owner failed to provide adequate security. When this happens, Texas law may allow shooting victims to file a negligent security claim against the parties responsible for maintaining the property. However, these claims must be filed within a specific time period.
Most Negligent Security Claims Have a Two-Year Deadline
In Texas, most negligent security lawsuits must be filed within two years. This deadline is known as the statute of limitations.
If you fail to file your negligent security claim within the statute of limitations window, the court will dismiss the case, and you will be barred from recovering compensation through the legal system.
For most negligent security cases, the two-year clock begins running on the date the victim was injured by violent crime. The injured victim generally has two years to file a lawsuit against any negligent property owners, managers, or security providers.
In wrongful death claims, the statute of limitations is still two years, but it typically begins on the date of the victim’s death (rather than the date of the shooting itself).
Exceptions to the Statute of Limitations
The two-year statute of limitations applies to most negligent security claims in Texas. However, certain circumstances may lengthen or shorten the filing deadline. Exceptions include:
Cases Involving Minors
When the victim of a shooting or violent crime is under the age of 18, Texas law may pause (or “toll”) the statute of limitations. That means the clock would not begin running until the minor turns 18 years old (i.e., they would generally have until they are 20 to file).
Importantly, parents or guardians often pursue these claims on their child’s behalf, which eliminates the need for the extended deadline.
Injuries on Public Property
Different filing rules apply when a negligent security claim involves a government property. If a shooting occurs at a publicly-owned facility (e.g., a government building, public housing property, or municipal venue), the claim may be controlled by the Texas Tort Claims Act.
Claims against government entities are still subject to the two-year personal injury statute of limitations. However, these claims usually require you to notify the relevant agency of your intent to pursue legal action within six months of your injury; some municipalities shorten that timeframe even further. If you fail to provide proper notice to the government agency, you can lose your right to pursue compensation.
Since these cases involve shorter deadlines and additional procedural requirements, you should contact an attorney as soon as possible for help determining your obligations.
Contact a Houston Negligent Security Lawyer for Help Understanding the Deadlines in Your Case
Missing the statute of limitations can eliminate your right to recover compensation and damages for your medical bills, lost income, and pain and suffering. An experienced attorney can review the facts of your case and determine the exact deadlines that apply.
If you or a loved one were injured in a shooting caused by inadequate security, consult a Houston negligent security lawyer for help ensuring you do not miss the filing deadlines. Contact Hampton & King to schedule a free consultation to learn more about your legal options.