When someone is injured or assaulted on another person’s property due to a lack of adequate security, the property owner may be held legally responsible. This falls under the legal concept of negligent security, a form of premises liability. In Houston, landowners have a legal duty to provide a reasonably safe environment for visitors, tenants, customers, or anyone lawfully on their premises.
When they fail to do so – and someone is harmed as a result – they can be held accountable. If you or a loved one was injured due to negligent security, contact one of our qualified Houston negligent security lawyers at (713) 489-0993 or complete our simple online form to schedule your free consultation.
Understanding the Duty of Care
Texas law requires landowners to take reasonable steps to prevent foreseeable harm to those legally on their property. This duty of care varies depending on the type of visitor:
- Invitees, such as customers in a store or guests at an apartment complex, are owed the highest level of protection.
- Licensees, like social guests, are owed a moderate duty.
- Trespassers are generally not owed a duty of protection unless they are children, in which case the attractive nuisance doctrine may apply.
When it comes to negligent security claims, the focus is usually on invitees. Landowners, especially business owners, are expected to take precautions against foreseeable criminal acts – particularly in areas with a history of crime.
Attractive Nuisance: A Definition
An attractive nuisance is a legal doctrine that holds landowners responsible for dangerous conditions on their property that are likely to attract children – such as swimming pools, abandoned buildings, or machinery – if the child is injured as a result. Even if the child was trespassing, the landowner may still be liable if they failed to take reasonable steps to secure the hazard.
What Qualifies as Negligent Security?
Negligent security occurs when a landowner fails to provide reasonable measures to deter criminal activity, and someone is injured or assaulted as a result. Examples include:
- Lack of functioning security cameras
- Broken or missing locks
- Inadequate lighting in parking lots or hallways
- Failure to hire security personnel in high-crime areas
- Ignoring previous criminal activity on or near the premises
These failures can lead to tragic outcomes such as assault, robbery, or even homicide. In such cases, the injured party may be able to file a civil claim against the property owner for damages.
Foreseeability: A Key Legal Factor
A critical element in negligent security claims is foreseeability. A landowner can only be held liable if the criminal act was foreseeable and the property owner failed to take steps to prevent it. For instance, if a shopping center in Houston had multiple reports of carjackings in the parking lot, but the owner failed to increase lighting or add patrols, they may be liable if another person is later attacked.
Evidence such as police reports, security logs, and witness statements can all help establish foreseeability and strengthen a claim.
How Hampton & King Can Help
Negligent security cases can be complex and emotionally draining, especially when they involve violent crimes. Our firm can help you navigate the legal process by investigating the incident, gathering evidence, and working with security experts to prove your claim. We’re committed to seeking justice for those who were harmed due to a landowner’s failure to take reasonable precautions.If you believe negligent security played a role in your injury or a loved one’s wrongful death, don’t wait. Contact Hampton & King at (713) 489-0993 or complete our simple online form to schedule your free consultation.