Robberies occur daily in Houston. Many happen on commercial property, with a large portion due to a property owner’s failure to provide reasonable security. In these situations, a robbery victim may have a premises liability claim against the owner for “negligent security.”
These cases do not pursue the assailant, who likely does not have the resources to pay for injuries and emotional distress caused by the incident. Rather, they target the property owner or management company whose weak safety precautions made the crime possible.
Common Locations Where Negligent Security Robberies Occur
Property owners who know or should know that criminal activity is foreseeable on their premises have a duty to take reasonable safety measures to prevent criminal acts.
Certain types of properties are more likely to experience robbery claims than others, typically because of high foot traffic, cash transactions, or a documented history of criminal activity in the area.
These include:
- Apartment complexes
- Hotel and motel properties
- Shopping centers
- Convenience stores
- Bank and ATM locations
- Parking structures
- Nightclubs
- Bars
- Office buildings
Robberies in these locations are often preventable through reasonable security features like properly working locks, adequate lighting, surveillance cameras, or patrolling guards, among other things.
Robbery vs. Burglary
Robbery and burglary describe different crimes with different impacts for a negligent security claim. Robbery involves taking property directly from a person through force, intimidation, or threat of violence. Burglary involves unlawful entry into a structure with intent to commit a crime inside. Robbery is a violent crime. Burglary can occur without any contact with the victim.
In a premises liability case, robberies that involve direct physical threat or harm to a person tend to produce more severe injuries and stronger negligent security claims.
Who Can Be Held Liable for a Robbery in Houston?
Liability in a negligent security case can extends to any party that controlled the property and had the ability to implement reasonable security precautions, including:
- Property owners
- Property management companies
- Landlords and HOAs
- Business operators
- Security companies hired to patrol or monitor the property
If the property owner contracted with a third-party security firm and that firm failed to perform its duties, the security company may share liability alongside the property owner.
Foreseeability of Crime
Foreseeability is the most important element of a negligent security claim. To succeed, you have to show the property owner knew or should have known that criminal activity was likely on the premises. A property with no history of crime and no reason to anticipate it will be harder to hold liable than one with a documented pattern of incidents and no security response.
A robbery is likely foreseeable if there is a history of prior robberies, assaults, or other violent crimes on the property. Crime statistics for the surrounding area may also make a theft crime more predictable.
Additionally, a property owner may have notice of a robbery risk once a guest reports safety concerns, or if police reports or security incident logs suggest a likelihood of crime.
Industry standards for certain properties (e.g., bars or nightclubs) may influence foreseeability analysis.
Types of Compensation Available in a Negligent Security Claim
A successful negligent security claim can offer compensation for many types of damages, including:
- Medical expenses for injuries sustained during the robbery
- Mental health treatment for PTSD, anxiety, and trauma
- Lost wages during recovery
- Pain and suffering
- Emotional distress
- Permanent physical or psychological harm
These claims can also force property owners to invest in the security measures they should have had in place before you got hurt (so it doesn’t happen again to another person).
If you were injured in a robbery in Houston, contact Hampton & King to determine your rights and legal options for holding the property owner liable for your harm.