What Is Negligent Security?
Negligent security is a branch of premises liability law that holds property owners responsible when their failure to maintain safe conditions results in harm to visitors. In Texas, negligent security claims are often pursued by individuals who suffer injuries in assaults, robberies, sexual assaults, or other criminal acts on commercial properties such as apartment buildings, parking garages, shopping centers, or nightclubs. For victims, these incidents can lead to life-altering consequences, from physical injuries to psychological trauma and financial hardship.
At the Turley Law Firm, our Dallas-based premises liability attorneys represent negligent security victims throughout Texas and beyond, helping them seek compensation and accountability from property owners whose inadequate security measures made them at least partly responsible for the attack. Contact us whenever you or a loved one has been harmed by the negligence of another, and we will go to work securing the justice and compensation you deserve.
What Is Negligent Security?
Negligent security refers to the failure of a property owner to implement reasonable safety measures, which leads to a criminal act or injury on the premises. In Texas, property owners have a legal duty to protect patrons and visitors from foreseeable dangers, including criminal attacks, when those dangers could have been prevented through adequate security measures. Examples of negligent security may include:
- Inadequate lighting in parking lots or common areas
- Broken or insufficient locks on entry doors
- Lack of surveillance cameras or malfunctioning security equipment
- Absence of security personnel or inadequate training for security staff
- Failure to warn visitors about known criminal activity in the area
When these or similar lapses in security contribute to a preventable attack or injury, the property owner or manager may be held liable for damages in a negligent security lawsuit.
Common Locations for Negligent Security Claims
Negligent security claims can arise in any location where the property owner is expected to maintain safe premises for visitors. However, some places are more prone to negligent security incidents due to higher crime rates or frequent public access. Common locations where negligent security claims often arise include:
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Apartment complexes: Tenants and their guests expect secure entryways, well-lit common areas, and reliable locks on patio doors and windows.
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Hotels and motels: Security is especially crucial for visitors unfamiliar with the area, and failure to maintain adequate protection can leave guests vulnerable.
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Bars and nightclubs: Places that serve alcohol or have large gatherings often need additional security to protect patrons from harm.
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Parking garages and lots: Dark, isolated parking areas with minimal surveillance increase the risk of car thefts, assaults, and robberies.
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Retail stores and shopping centers: High-traffic areas like shopping malls need security measures such as visible personnel, functional cameras, and good lighting to prevent crimes.
Establishing a Negligent Security Claim in Texas
For a successful negligent security claim, several elements must be established under Texas law. These elements help prove that the property owner’s negligence directly contributed to the injury:
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Duty of Care: The property owner owed a duty of care to the visitor or patron. This duty generally applies to those legally present on the property, such as tenants, guests, customers, or patrons.
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Breach of Duty: The property owner failed to take reasonable steps to ensure safety. This breach could include failing to repair broken security features, inadequate lighting, or neglecting to hire security staff.
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Foreseeability: The crime or injury was foreseeable. In other words, it was reasonable to expect that a lack of security measures could result in criminal activity. Foreseeability may be based on prior similar incidents in the area or on the property itself.
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Causation: The property owner’s failure to provide adequate security directly caused or contributed to the harm the victim suffered. For example, if an assault occurred in a poorly lit parking lot, the lack of lighting must be proven to have facilitated the crime.
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Damages: The victim suffered actual harm as a result of the breach of duty. Damages can include medical bills, lost wages, pain and suffering, and emotional distress.
Proving Negligence: The Role of Evidence in Negligence Security Claims
Evidence is key to a successful negligent security case. At the Turley Law Firm, we work with investigators, security experts, and law enforcement as necessary to gather the necessary proof. Important types of evidence may include: surveillance footage showing a lack of security measures or how an incident occurred; maintenance records indicating whether broken locks, lighting, or cameras were reported and repaired; incident reports from local law enforcement, showing a history of crime at the location; expert testimony from security professionals who can attest to the inadequacy of the security measures; and witness statements from those present during the incident, including victims, staff, or bystanders.
Compensation for Victims of Negligent Security
If a negligent security claim is successful, victims may be entitled to various forms of compensation to help recover from their injuries. This compensation can include coverage for past and future medical costs, including hospital stays, surgeries, therapy, and other necessary treatments; compensation for income lost during recovery and for any long-term impact on the victim’s ability to work; monetary damages for physical pain, emotional trauma, and loss of enjoyment of life; and reimbursement for personal property lost or damaged in the incident, such as vehicles, cell phones, or valuables.
Statute of Limitations for Negligent Security Claims in Texas
Texas law requires victims to file a negligent security lawsuit within a specific timeframe, known as the statute of limitations. Generally, this period is two years from the date of the injury. Failing to meet this deadline may bar a victim from seeking compensation, which makes it essential to consult with an experienced personal injury attorney as soon as possible after an incident.
Why Choose Turley Law Firm for Your Negligent Security Case?
At the Turley Law Firm, we understand the difficulties and challenges that negligent security cases bring. Our team is dedicated to thoroughly investigating each case, collecting the necessary evidence, and building a strong claim to hold property owners accountable. We approach each case with compassion, treating our clients as individuals and working tirelessly to secure the compensation they deserve.
If you or a loved one has been injured due to negligent security in Texas, contact the Turley Law Firm today to discuss your options. Call 214-691-4025 or contact us online for a free consultation. We are here to support you every step of the way, helping you seek justice and peace of mind in the wake of a serious injury that could have and should have been prevented.
