Property owners have a reasonable duty to keep their premises safe. For commercial properties and apartment buildings that often includes providing reasonable security protocols to protect guests.
If a property owner fails to implement reasonable security measures, and a guest is injured due to a criminal assault, the owner could be liable for the victim’s injuries. This is known as a negligent security claim and is governed by Texas premises liability law.
Types of Physical Assault Covered by Negligent Security Claims
Negligent security claims can arise from many different violent incidents that occur on someone else’s property, including:
- Unprovoked attacks by third parties
- Armed robbery that results in physical injury
- Gang-related violence on a property
- Assaults due to inadequate crowd control at bars, concerts, or large events
- Shootings or stabbings that a property owner that could have been prevented
In these cases, the property owner may not be directly at-fault for the attack. However, their failure to take adequate security precautions to prevent the attack is what makes them negligent and liable for the victim’s injuries.
What Are the Most Common Places This May Occur?
Negligent security claims frequently arise at locations where there is a history of criminal activity or criminal threats are reasonably foreseeable based on the area and property type.
Physical assault related to negligent security may happen at:
- Apartment complexes/residential properties
- Bars and nightclubs
- Hotel establishments
- Parking garages/lots
- Retail establishments
- College campuses (including student housing)
- Concert and stadium venues
- Large public events
Properties of these types often carry a heightened duty to provide adequate security because the risk of violent crime is higher than other premises.
Who Is Liable for a Physical Assault Due to Negligent Security?
Liability for a negligent security claim generally focuses on the property owner or property operator responsible for maintaining safe conditions on the premises.
Potentially liable parties include:
- The property owner, if they failed to install or maintain adequate security measures such as lighting, locks, cameras, or security personnel
- A property management company responsible for day-to-day security decisions
- A business operating on the premises
- A security company hired to provide protection but failed
To succeed on a negligent security claim, you generally need to show that the property owner knew or should have known about the risk of criminal activity and that the owner failed to take reasonable steps to address that known risk.
Compensation Available After a Negligent Security Assault
Victims of a physical assault caused by inadequate security may be entitled to compensation for many types of losses, specifically those that are financial and personal in nature. These may include medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and other losses.
If you were injured due to negligent security at a Houston property, an experienced Houston negligent security attorney can investigate the property’s security history and help determine whether you have a viable claim against the property owner. Call (713) 352-7214, Hampton & King to discuss your negligent security claim during a free consultation.