Apartment complexes should be safe for tenants and their families. Unfortunately, when landlords or property managers fail to provide adequate security, residents become vulnerable to crimes such as theft, assault, or worse.
If a landlord fails to address security risks and someone gets hurt, they could be held legally responsible for the injuries in a negligent security claim.
Common Signs of Deficient Apartment Security
Negligent security can take many forms. Below are some common warning signs that your apartment complex may not be as safe as legally required:
- Broken or missing locks on doors, gates, or windows
- Non-functioning or absent security cameras
- Lack of security guards or patrols in high-risk areas
- Poor lighting in parking lots, stairwells, or hallways
- Gates or entrances left open or propped open regularly
- No access control for non-residents
- Lack of maintenance
- History of criminal activity at or near the property
- Unsecured mailrooms or package delivery areas
These security gaps can increase the likelihood of serious crimes on the property, including but not limited to assaults, sexual assaults, theft crimes, and shootings.
Does My Landlord Have a Duty to Provide Adequate Security?
Yes. In Texas, landlords have a legal duty to take reasonable steps to protect tenants from foreseeable harm, especially criminal acts by third parties on the property. This means property owners are required to address known risks that could lead to tenant injuries.
- Installing or fixing locks or doors
- Installing adequate lighting in common areas
- Responding to past criminal incidents with appropriate security upgrades
- Taking other preventive steps in high-crime areas
If a landlord ignores these responsibilities, they could be held legally liable for any resulting injuries to tenants or guests.
Negligent Security Claims Against the Property Owner
If you’ve been injured due to a crime in your apartment complex, you may be entitled to file a negligent security claim. To succeed, you generally need to prove:
- The landlord or property manager had a legal obligation to provide adequate security.
- They failed to take reasonable precautions to secure the premises.
- The crime that occurred was reasonably foreseeable (e.g., previous incidents or warnings).
- The lack of security directly contributed to your injury or loss.
Victims of crimes resulting from negligent security can seek compensation through a civil personal injury claim, regardless of whether the person who committed the crime is caught.
A negligent security claim against the property owner may provide money for:
- Medical expenses
- Lost income or wages
- Out-of-pocket expenses
- Property damage/loss
- Pain and suffering
- Emotional distress
- Anxiety
- PTSD
- Scarring or disfigurement
- Reduced quality of life
If you believe poor security played a role in your injury, you should consult with a skilled premises liability attorney as soon as possible. An attorney can investigate the incident and determine whether you have a negligent security claim against the apartment owner.
Contact Hampton & King for a confidential consultation to learn more about your legal options.