Timberwalk Apartments, Partners, Inc. v. Cain<\/em>, 972 S.W.2d 749 (Tex. 1998). As a rule, “a person has no legal duty to protect another from the criminal acts of a third person.” An exception is that one who controls premises does have a duty to use ordinary care to protect invitees from criminal acts of third parties if he knows or has reason to know of an unreasonable and foreseeable risk of harm to the invitee.<\/p>\n\n\n\nThat word “foreseeable” is the heart of every negligent security case. A duty exists only when the risk of criminal conduct is so great that it is both unreasonable and foreseeable. Whether such risk was foreseeable must not be determined in hindsight but rather in light of what the premises owner knew or should have known before the criminal act occurred. For a landowner to foresee criminal conduct on property, there must be evidence that other crimes have occurred on the property or in its immediate vicinity.<\/p>\n\n\n\n
Proper factors to be considered in determining foreseeability in the context of premises liability for the criminal acts of third parties are: (1) the proximity of other crimes; (2) the recency and frequency of the other crimes; (3) the similarity of the other crimes; and (4) the publicity of the other crimes.<\/p>\n\n\n\n
These are the standards your attorney must build your case around. If your incident happened at a property with a known history of crime, or in a high-crime area where the owner had every reason to act, you may have a strong claim under Texas law.<\/p>\n\n\n\n
Common Locations Where Negligent Security Claims Arise in the Dallas-Denton Area<\/h2>\n\n\n\n
Negligent security incidents happen at specific types of properties, and many of them are familiar locations throughout Denton County and the Dallas metro area.<\/p>\n\n\n\n
Apartment complexes are among the most common sites for these claims. Multi-family housing properties along major corridors like University Drive in Denton or throughout the Dallas suburbs often serve large numbers of residents with minimal security staff. When management ignores broken gate locks, burned-out lights in parking lots, or repeated complaints from tenants about suspicious activity, they may be setting the stage for a foreseeable attack.<\/p>\n\n\n\n
Parking garages and surface lots are also frequent problem areas. A poorly lit garage near the Denton County Courthouse or a shopping center lot off US-380 can become dangerous when surveillance cameras fail or security patrols are absent. If a person is assaulted, robbed, or otherwise harmed on a property due to inadequate security measures (like broken locks or lack of surveillance), the property owner may be liable.<\/p>\n\n\n\n
Hotels, motels, bars, and nightclubs along I-35 and in the Dallas Uptown and Deep Ellum neighborhoods are also common locations for negligent security incidents. These businesses invite large numbers of guests, sometimes late at night, and they have a heightened responsibility to manage foreseeable risks. Property owners in high-crime areas or those with a history of criminal activity have a heightened duty to ensure their premises are secure.<\/p>\n\n\n\n
Other locations include convenience stores, gas stations, shopping malls, college campuses, and entertainment venues. Anywhere the public is invited in large numbers, the property owner owes a duty to address known security risks. If you were harmed at any of these locations and security was clearly lacking, contact Chandler Ross Injury Attorneys at (940) 800-2500 to discuss your options.<\/p>\n\n\n\n
What You Must Prove to Win a Negligent Security Case in Texas<\/h2>\n\n\n\n
Winning a negligent security claim requires proving four specific things. Each element must be supported by evidence, and missing any one of them can put your case at risk.<\/p>\n\n\n\n
First, you must show the property owner owed you a duty of care. This is tied to your legal status on the property. Invitees, meaning customers, tenants, and guests who are on the property with the owner’s permission, receive the highest level of protection under Texas law. To win a premises liability case in Texas, the injured person must show: the property owner owed a duty of care to the injured person based on their visitor status, the property owner knew or should have known about the hazardous condition, the property owner failed to take reasonable steps to fix or warn about the condition, and the dangerous condition caused the injury.<\/p>\n\n\n\n
Second, you must prove the owner breached that duty. This means showing that the security measures in place, or the lack of them, fell below what a reasonable property owner would have provided given the known risks. Examples include broken perimeter fencing, non-functioning security cameras, absent guards in a high-crime area, or failure to respond to prior police reports on the property.<\/p>\n\n\n\n
Third, you must connect the breach to your injury. The lack of adequate security must be a direct cause of the crime that harmed you. This is where evidence like police reports, surveillance footage, and prior incident records become critical. Delays can result in key evidence being lost, especially surveillance footage that may be erased within days or weeks.<\/p>\n\n\n\n
Fourth, you must show actual damages. These include medical bills, lost income, pain and suffering, and in the most serious cases, permanent disability or wrongful death. Under Texas Civil Practice and Remedies Code Chapter 71, a wrongful death claim can be brought by surviving family members when a property owner’s negligence causes a fatal attack.<\/p>\n\n\n\n
Texas also follows a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. If a jury finds you were more than 50% responsible for your own injuries, you cannot recover damages. A property owner’s defense team will often try to argue you contributed to the incident. Having an attorney who understands how to counter that argument matters.<\/p>\n\n\n\n
Evidence That Strengthens a Negligent Security Claim<\/h2>\n\n\n\n
Strong evidence is what separates a successful negligent security claim from one that gets dismissed. Gathering the right documentation quickly is one of the most important things you can do after an attack on someone else’s property.<\/p>\n\n\n\n
Police reports are your foundation. A report filed the night of the incident documents the scene, identifies witnesses, and creates an official record. If prior incidents occurred at the same location, those police reports become evidence of foreseeability, one of the most critical elements of your claim.<\/p>\n\n\n\n
Surveillance footage is powerful, but it disappears fast. Many properties overwrite camera footage within 24 to 72 hours. Your legal team can send preservation letters to prevent deletion of video footage, subpoena maintenance records and staff communications, and retain security experts to evaluate what reasonable safety measures were lacking.<\/p>\n\n\n\n
Maintenance records and internal communications can reveal whether the property owner knew about security problems and ignored them. Records showing delays in fixing known security risks, ignored maintenance tickets related to lighting, locks, or alarms, and emails or texts from tenants reporting unsafe conditions can significantly strengthen your case if the property owner was aware of the danger and did nothing.<\/p>\n\n\n\n
Witness statements from neighbors, other tenants, or bystanders who saw the conditions before or during the incident add credibility to your account. Security industry experts can also testify about what reasonable security measures should have been in place at a property of that type and size.<\/p>\n\n\n\n
Medical records documenting your injuries, treatment, and prognosis are essential for calculating damages. Keep every bill, every treatment note, and every communication with your healthcare providers. If your injuries are severe, such as a traumatic brain injury or permanent physical damage, those records will define the value of your claim.<\/p>\n\n\n\n
Time is not on your side when it comes to evidence. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after an incident so we can act quickly to preserve what is needed to build your case.<\/p>\n\n\n\n
Texas Statute of Limitations and Why Acting Fast Protects Your Rights<\/h2>\n\n\n\n
Texas law sets a firm deadline for filing a negligent security lawsuit. Missing that deadline means losing your right to compensation, no matter how strong your case is.<\/p>\n\n\n\n
In Texas, the statute of limitations for personal injury claims, including negligent security cases, is generally two years from the date of the incident. This means victims must file their lawsuit within this timeframe or risk losing their right to seek compensation.<\/p>\n\n\n\n
Two years sounds like a long time. In reality, it passes quickly when you are recovering from injuries, dealing with medical bills, and trying to get your life back together. Many victims wait too long to speak with an attorney, and by the time they do, key evidence has been destroyed and witnesses have moved on.<\/p>\n\n\n\n
There may be exceptions to this rule in certain circumstances, such as cases involving minors or instances where the injury was not immediately discoverable. If a minor child was harmed in a negligent security incident, the two-year clock may not start until they turn 18. If the responsible party is a government entity, such as a public housing authority, different notice requirements and shorter deadlines may apply under the Texas Tort Claims Act, Chapter 101 of the Civil Practice and Remedies Code.<\/p>\n\n\n\n
The two-year window also matters for evidence preservation. Businesses routinely delete security footage, lose maintenance records, and cycle through staff. The sooner you involve an attorney, the sooner legal tools like preservation letters and subpoenas can be used to lock down what you need.<\/p>\n\n\n\n
If someone you love was killed in a negligent security incident, Texas Civil Practice and Remedies Code Section 71.002 gives surviving family members the right to bring a wrongful death action. Under that statute, a person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s wrongful act, neglect, carelessness, or default. The same two-year deadline generally applies to wrongful death claims as well.<\/p>\n\n\n\n
Do not wait to find out whether you still have time. Call Chandler Ross Injury Attorneys at (940) 800-2500 today. Our team serves clients throughout Denton, Lewisville, Frisco, McKinney, and the broader Dallas-Fort Worth area. We offer free consultations, and we can tell you quickly whether your case has merit and what steps to take next.<\/p>\n\n\n\n
FAQs About Dallas Negligent Security Attorney<\/h2>\n\n\n\nWhat types of properties can be held liable for negligent security in Texas?<\/h3>\n\n\n\n
Any property that invites the public or tenants onto its premises can potentially be held liable. This includes apartment complexes, hotels, parking garages, shopping centers, bars and nightclubs, convenience stores, and event venues. The key factor is whether the property owner knew or should have known about a foreseeable risk of criminal activity and failed to take reasonable steps to address it. Texas courts look at the history of crime on or near the property to determine whether the risk was foreseeable.<\/p>\n\n\n\n
Can I still file a negligent security claim if the attacker was never caught or convicted?<\/h3>\n\n\n\n
Yes. A negligent security claim is a civil lawsuit against the property owner, not a criminal case against the attacker. You do not need a criminal conviction to pursue compensation. The civil standard of proof is a preponderance of the evidence, meaning it is more likely than not that the property owner’s failure to provide adequate security contributed to your harm. The identity or criminal status of the attacker does not eliminate the property owner’s potential liability.<\/p>\n\n\n\n
How much is a negligent security case worth in Texas?<\/h3>\n\n\n\n
Every case is different, and no attorney can guarantee a specific outcome. The value of a negligent security claim depends on the severity of your injuries, the strength of the evidence showing the owner’s failure, your medical expenses, lost income, and the long-term impact on your life. Cases involving catastrophic injuries, such as traumatic brain injuries or permanent disability, typically involve higher damages than cases with more limited harm. Past results in other cases do not predict what you will receive in your case.<\/p>\n\n\n\n
What if I was partially at fault for the incident, such as being in a high-crime area late at night?<\/h3>\n\n\n\n
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. You can still recover damages as long as your percentage of fault does not exceed 50%. If a jury finds you were 30% at fault, your damages are reduced by 30%. Property owners and their insurers often try to shift blame to victims. Having an attorney who knows how to counter those arguments and present your case accurately is important to protecting your recovery.<\/p>\n\n\n\n
How do I get started with a negligent security claim at Chandler Ross Injury Attorneys?<\/h3>\n\n\n\n
Call our office at (940) 800-2500 to schedule a free consultation. We serve clients in Denton, throughout Denton County, and across the Dallas-Fort Worth area. During your consultation, we will listen to what happened, review any evidence you have, and give you an honest assessment of your legal options. There is no cost to speak with us, and we handle personal injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. The sooner you call, the sooner we can start protecting your rights.<\/p>\n\n\n\n
Content prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. This page is attorney advertising. Past results do not guarantee a similar outcome in your case. Each case is unique and depends on its own facts and applicable law.<\/em><\/p>\n\n\n\n