Property owners have a legal responsibility to keep their premises reasonably safe for visitors, customers, and tenants. In some cases, owners and managers may owe a duty to provide adequate security for their premises.
If a person is injured due to negligent security at a property, they may have a premises liability claim under Texas law. These cases often involve violent crimes that could have been prevented with proper security measures.
What is Negligent Security in Texas?
Negligent security is a form of premises liability where someone is injured because a property owner failed to take reasonable steps to protect them from foreseeable criminal acts.
These cases often arise after incidents like assaults, robberies, shootings, or sexual assaults that happen on commercial or residential properties. In many cases, the area may have had a history of such incidents, putting the owner on notice of the need for security.
To succeed in a negligent security claim, you must typically prove that:
- You were legally on the property.
- The property owner knew or should have known of the risk.
- They failed to take reasonable steps to address that risk.
- You were harmed as a result of their inaction
Landlords in Texas are required to repair a problem if it impacts safety. Examples of negligent security include:
- Broken or missing security cameras
- Lack of trained security personnel in high-crime areas
- Inadequate lighting in parking lots or stairwells
- Broken locks or unsecured entry points
- Lack of response to prior incidents or warnings of danger
Any failure to provide these or other security measures to address foreseeable criminal conduct may qualify as negligent security.
What Injuries Are Associated with Negligent Security?
Negligent security often leads to the same injuries caused by violent crimes like assault. In truth, negligent security can contribute to almost any injury imaginable, with the most common injuries being:
- Gunshot wounds
- Stab wounds
- Broken bones
- Sexual assault injuries
- Traumatic brain injuries (TBIs)
- Facial injuries and disfigurement
- Emotional trauma, PTSD, and anxiety
In the most serious cases, negligent security can result in wrongful death. A negligent security claim provides victims with a way of recovering compensation for these and other injuries, so they aren’t left with extensive financial losses for an incident that wasn’t their fault.
What Compensation Can I Recover in a Premises Liability Claim?
Victims of negligent security may be entitled to recover compensation for both economic and non-economic damages. These provide money for personal and financial needs and can include:
- Medical expenses
- Lost income from missed work
- Diminished earning capacity
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
- Wrongful death damages (if you lost a loved one)
An experienced attorney can help you identify and calculate all the damages associated with your injuries.
Who Can Be Held Liable for Negligent Security?
Multiple parties may be responsible for providing security depending on the type of property and the agreements in place. Potentially liable parties include:
- Commercial property owners (e.g., shopping centers, nightclubs, hotels)
- Landlords and apartment complexes
- Schools and universities
- Event organizers or venue operators
- Security companies hired to protect the premises
In some cases, more than one party may share liability. You may need a detailed investigation before you uncover the liable parties and applicable insurance policies available in your case.
If you’ve been hurt due to negligent security in Texas, a Houston premises liability lawyer can help you protect your rights and pursue compensation for all your injuries.
Contact Hampton & King to schedule a confidential consultation to learn more about your rights.