Hurt in Texas? Negligent Security Personal Injury Help
If you were assaulted, robbed, or otherwise harmed on someone else’s property in Texas, you may have a negligent security claim. This guide explains what negligent security is, who can be liable, what you must prove, common evidence, insurance issues, and steps to protect your rights.
What Is Negligent Security?
Negligent security is a type of premises liability claim. In Texas, property owners and occupiers owe invitees a duty to exercise ordinary care to reduce or eliminate unreasonable risks they know about or should discover. For third-party criminal acts, a duty generally arises only if the criminal conduct was foreseeable under the circumstances (Austin v. Kroger; Del Lago Partners v. Smith).
Who Can Be Liable?
Depending on control over the premises and knowledge of risks, potential defendants can include commercial property owners, retailers, shopping centers, apartment complexes and landlords, hotels, bars and nightclubs, parking garages, entertainment venues, and security contractors.
What You Must Prove
Texas negligent security cases typically require proof that: (1) the defendant owed a legal duty; (2) the risk of third-party criminal conduct was foreseeable; (3) the defendant breached its duty by failing to implement reasonable security measures; and (4) that breach proximately caused the injury and damages (Timberwalk Apartments v. Cain; Del Lago).
Foreseeability and Prior Crimes
Texas courts assess foreseeability using the Timberwalk factors: proximity, recency, frequency, similarity, and publicity of prior crimes, as well as any specific warnings or ongoing hostilities indicating imminent harm (Timberwalk; Del Lago). Evidence may include police crime grids, incident logs, tenant complaints, and prior security assessments.
Common Security Lapses
- Broken or missing door hardware and locks
- Poor lighting in parking lots or breezeways
- Unsecured access points or malfunctioning gates
- Inoperative cameras or inadequate monitoring
- Failure to respond to known crime patterns or specific warnings
- Lack of security patrols during higher-risk periods
- Ignoring tenant or customer reports about suspicious activity
Evidence to Preserve
- Surveillance footage and access-control logs
- Incident, maintenance, and security records
- Prior crime reports and police data
- Security contracts, post orders, and staffing schedules
- Lighting and camera maintenance records
- 911 calls and police reports
- Photos/videos of the scene and physical items (locks, key fobs, gate equipment)
- Witness names and statements
Practical Tips
- Send written preservation requests to the property owner and any security vendor immediately.
- Request nearby business footage; many cameras capture overlapping areas.
- Document lighting levels with time-stamped photos and video after dark.
- Follow medical advice and keep a symptom journal to support pain and suffering.
Quick Checklist
- Get medical care and call 911
- Report to management and obtain an incident number
- Ask in writing to preserve all video and access logs
- Collect witness names and contact info
- Photograph lighting, locks, gates, and cameras
- Save bills, records, and work absence proof
- Consult a Texas negligent security lawyer
Comparative Fault and Criminal Acts
Texas follows proportionate responsibility. A jury can allocate fault among all responsible actors, including the criminal assailant. Your recovery is reduced by your percentage of responsibility, and you cannot recover if your responsibility is greater than 50% (Tex. Civ. Prac. & Rem. Code ch. 33).
Damages You May Recover
Recoverable damages can include medical expenses, lost income and diminished earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement, and property losses. In egregious cases, exemplary (punitive) damages may be available if statutory standards are met (Tex. Civ. Prac. & Rem. Code ch. 41). Insurers and defendants often dispute causation and foreseeability, so thorough documentation is critical.
Insurance and Corporate Defendants
Claims are often handled by commercial general liability carriers or third-party administrators. Send preservation requests early—many systems overwrite video quickly. Businesses may have layered coverage (primary and excess), and some policies include assault-and-battery or security-related endorsements that limit coverage. Careful policy analysis matters.
Steps to Take After an Injury
- Call 911 and get immediate medical care.
- Report the incident to property management and request an incident report.
- Preserve evidence: photos, witness names, and any physical items.
- Ask that all video and access logs be preserved.
- Avoid recorded statements to insurers until you consult counsel.
- Consult a Texas personal injury attorney experienced in negligent security.
- Follow your treatment plan and keep all bills and records.
Deadlines to File
Texas’s general statute of limitations for personal injury is two years from the date of injury, subject to exceptions (Tex. Civ. Prac. & Rem. Code § 16.003). Claims involving governmental entities have strict notice requirements—often within six months, and sometimes shorter by local charter (Tex. Civ. Prac. & Rem. Code § 101.101). Speak with a Texas attorney promptly to protect your rights.
How We Build Your Case
We seek police and 911 records; issue preservation and spoliation letters; inspect and document the scene; obtain maintenance, security, and crime data; retain premises-security experts; interview witnesses; and develop a causation analysis linking security lapses to the incident. We negotiate with insurers and, when necessary, file suit and prepare for trial.
Frequently Asked Questions
Do I have a case if there were no prior crimes?
Possibly. Foreseeability can arise from other indicators of risk or specific warnings; a careful fact review is needed (Del Lago).
What if the attacker was arrested?
The criminal case is separate from your civil claim. A conviction is helpful but not required.
Can a landlord be liable for an attack in a parking lot?
Depending on control of the area, prior incidents, lighting, and access controls, yes, if foreseeability and breach are proven (Timberwalk).
Will bringing a claim raise my rent?
Claims are typically handled by insurers. Retaliation by housing providers may implicate other laws; get legal advice.
How much is my case worth?
Value depends on liability strength, damages, and available insurance.
Talk to a Texas Negligent Security Lawyer
If you were hurt on someone else’s property due to inadequate security, contacting counsel promptly can make the difference in preserving key evidence and meeting legal deadlines. Contact us for a consultation to assess your rights and next steps.
Ready to take the next step? Schedule your free consultation now.
Disclaimer (Texas): This information is general and not legal advice. Reading it does not create an attorney-client relationship. Laws, deadlines, and outcomes depend on specific facts and Texas law; consult a Texas lawyer about your situation.