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When someone is attacked, robbed, or assaulted on another person’s property in Keller, Texas, the property owner may share legal responsibility for what happened. Negligent security is the area of Texas law that holds property owners accountable when their failure to provide reasonable safety measures allows a crime to occur. If you or a loved one suffered a violent crime on someone else’s property, the personal injury lawyers at Chandler Ross Injury Attorneys in Denton, Texas are ready to help you understand your rights and pursue the compensation you deserve.
Table of Contents
- What Negligent Security Means Under Texas Law
- How Texas Courts Determine Whether a Crime Was Foreseeable
- Common Locations and Security Failures That Lead to Claims in Keller
- What You Must Prove to Win a Negligent Security Claim in Texas
- Steps to Take After a Crime on Someone Else’s Property in Keller
- FAQs About Keller Negligent Security Lawyers
What Negligent Security Means Under Texas Law
Negligent security is a branch of Texas premises liability law. It holds property owners responsible when their failure to provide adequate security directly leads to someone being harmed by a third-party criminal act. The core idea is simple: some property owners know their location carries a high risk of crime, and they still do nothing to protect the people who visit.
In Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998), the Texas Supreme Court established the controlling standard for these claims. The court confirmed that while a person generally has no legal duty to protect another from the criminal acts of a third party, an exception applies when someone controls a premises. Under that exception, a property owner has a duty to use ordinary care to protect invitees from criminal acts of third parties when the owner knows or has reason to know of an unreasonable and foreseeable risk of harm.
An invitee, under Texas law, is a person who enters property with the owner’s knowledge and permission for the mutual benefit of both parties. Customers at a Keller shopping center near US-377, tenants at an apartment complex off North Tarrant Parkway, or guests at a hotel near Alliance Town Center all qualify as invitees. Property owners owe invitees the highest duty of care, which includes the duty to inspect, discover hazards, and take reasonable steps to make the premises safe.
This duty does not require a property owner to guarantee safety. Texas law does not make businesses automatic insurers of customer safety. The duty is to take reasonable steps when a risk is both unreasonable and foreseeable, and that is exactly what negligent security claims are built on.
How Texas Courts Determine Whether a Crime Was Foreseeable
Foreseeability is the central issue in every negligent security case in Texas. A property owner is only liable when the criminal act that caused your injury was foreseeable before it happened, not in hindsight. Texas courts evaluate foreseeability using four specific factors drawn from the Timberwalk decision: the proximity of prior crimes to the property, how recently and how often those crimes occurred, the similarity of prior crimes to the one that harmed you, and how publicly known those crimes were.
Think about a parking garage near Keller Town Center that has a documented history of car break-ins and assaults. If the owner of that garage ignores police reports, installs no cameras, and provides no security patrols, a subsequent assault in that garage is likely foreseeable. The owner had reason to know the risk existed and did nothing to address it.
In Del Lago Partners v. Smith, 307 S.W.3d 762 (Tex. 2010), the Texas Supreme Court expanded this concept even further. The court found that liability can exist even when the property owner had no prior history of criminal activity, as long as the events immediately preceding the crime put the owner on notice of a serious risk. This means a single evening of escalating violence that management ignored can be enough to establish foreseeability.
Evidence that supports foreseeability in a Keller negligent security case includes police reports from the property or surrounding area, prior incident reports filed with management, complaints from tenants or customers, and records showing the owner was warned about security problems. Gathering this evidence quickly matters because surveillance footage is often overwritten within 30 days, and witness memories fade fast.
Common Locations and Security Failures That Lead to Claims in Keller
Negligent security claims arise in many different settings across Keller and the surrounding North Tarrant County area. The type of property and the nature of the security failure both matter when building a claim.
Apartment complexes are among the most common sites for these cases. When a complex near Keller Parkway fails to repair broken gate locks, leaves parking lots unlit, or ignores tenant complaints about strangers on the property, the stage is set for a preventable assault or robbery. Residents have a reasonable expectation of safety in their own homes, and landlords who ignore known dangers breach that expectation.
Commercial properties, including bars, nightclubs, convenience stores, and gas stations along US-377 and State Highway 114, also generate a significant number of negligent security claims. These businesses often attract high foot traffic late at night, which increases crime risk. Owners of these properties who fail to hire security personnel, install adequate lighting, or maintain working cameras may be liable when a patron is attacked.
Hotels and motels near the Alliance Airport corridor, parking garages, shopping centers, and even event venues can all become the subject of negligent security claims. The common thread is always the same: the owner knew or should have known about a risk, and failed to take reasonable steps to address it. Security failures that courts look at include broken locks, non-functioning security cameras, poor lighting, lack of security staff, and failure to respond to prior incidents or complaints.
Injuries in these cases are often severe. Victims may suffer traumatic brain injuries, stab wounds, gunshot injuries, or other catastrophic harm that requires long-term medical care, the kind of serious injuries that also appear in cases involving Keller catastrophic injury and wrongful death claims.
What You Must Prove to Win a Negligent Security Claim in Texas
A successful negligent security claim in Texas requires you to prove four core elements: duty, breach, causation, and damages. Each element must be established by a preponderance of the evidence, meaning it is more likely true than not.
First, you must show the property owner owed you a duty of care. For invitees, this duty is well established under Texas common law. The owner must use ordinary care to keep the premises reasonably safe, including taking steps to protect against foreseeable criminal acts.
Second, you must show the owner breached that duty. This means proving the owner failed to take reasonable security measures in light of what they knew or should have known. A lack of working cameras in a high-crime parking lot, or a broken entrance gate that management refused to fix despite repeated complaints, are examples of breach.
Third, you must prove causation: that the owner’s failure to provide adequate security was a proximate cause of the crime that harmed you. This is where many cases become contested. Property owners and their insurers often argue that the criminal’s independent decision to commit a crime breaks the chain of causation. Texas courts reject this argument when foreseeability is established.
Fourth, you must prove actual damages, including medical expenses, lost income, pain and suffering, and any other losses caused by the crime. Under Texas Civil Practice and Remedies Code Section 33.013, each defendant is liable for damages in proportion to their percentage of responsibility. If a property owner is found more than 50 percent responsible, they can be held jointly and severally liable for all recoverable damages. Texas Civil Practice and Remedies Code Section 33.001 also means that if you are found partially at fault, your recovery is reduced by your percentage of responsibility, and you are barred from recovering anything if your fault exceeds 50 percent.
Steps to Take After a Crime on Someone Else’s Property in Keller
What you do in the hours and days after a violent crime on someone else’s property can directly affect your ability to recover compensation. Acting quickly is not optional. It is necessary.
Call 911 immediately and get medical attention, even if you feel your injuries are minor. A police report creates an official record of the incident and documents the location, time, and circumstances of the crime. This report is one of the first pieces of evidence your attorney will need.
If you can, photograph the scene. Take pictures of broken locks, poor lighting, missing cameras, or any other security deficiency you can see. If witnesses are present, get their contact information before they leave. Statements from people who saw what happened, or who have knowledge of prior incidents at the property, can be critical to your case.
Report the incident to property management in writing and keep a copy of that report. This creates a record that the owner was put on notice. Do not give a recorded statement to the property owner’s insurance company without first speaking to an attorney. Insurance adjusters are trained to ask questions in ways that can limit or eliminate your recovery.
Contact Chandler Ross Injury Attorneys as soon as possible. Texas law gives you two years from the date of the incident to file a negligent security lawsuit under the general statute of limitations for personal injury claims. However, if the property is owned or operated by a government entity, the Texas Tort Claims Act may require you to provide formal notice of your claim within six months. Missing these deadlines means losing your right to pursue compensation permanently. Our team serves clients throughout Keller, Denton, and the surrounding North Texas area, and we are ready to start investigating your case right away. Call us at (940) 800-2500 for a free consultation.
FAQs About Keller Negligent Security Lawyers
Can I sue a property owner if I was attacked by a stranger on their property in Keller?
Yes, you may have a valid claim if the attack was foreseeable and the property owner failed to take reasonable security steps. Texas law, as established in Timberwalk Apartments v. Cain, holds that property owners who control premises have a duty to protect invitees from foreseeable criminal acts. If the owner knew or should have known about a risk and did nothing, they may be liable for your injuries and losses.
What types of properties are most often involved in negligent security cases near Keller?
Apartment complexes, hotels, parking garages, bars, nightclubs, convenience stores, shopping centers, and event venues are among the most common locations. Any commercial or residential property where the owner has a duty of care to visitors can be the subject of a negligent security claim. The key factor is always whether the criminal act was foreseeable given what the owner knew about prior criminal activity at or near the property.
How long do I have to file a negligent security claim in Texas?
Under Texas law, you generally have two years from the date of the incident to file a personal injury lawsuit, including a negligent security claim. If the property involved is owned or operated by a government entity, the Texas Tort Claims Act may require you to file a formal notice of claim within six months of the incident. Missing either deadline can permanently bar your recovery, so contacting an attorney as soon as possible is critical.
What if the person who attacked me is never caught or has no money to pay a judgment?
A negligent security claim is filed against the property owner, not the criminal. Even if the attacker is never identified or has no assets, you can still pursue a claim against the business or landlord who failed to provide adequate security. This is one of the most important reasons to pursue a negligent security claim: it targets the party who had the resources and the responsibility to prevent the harm in the first place.
What compensation can I recover in a Keller negligent security case?
Victims in negligent security cases can seek compensation for medical bills, future medical care, lost wages, reduced earning capacity, physical pain, emotional distress, and loss of enjoyment of life. In cases involving extreme misconduct, Texas Civil Practice and Remedies Code Section 41.003 allows for exemplary damages when the property owner’s conduct rises to the level of gross negligence. Each case is different, and the amount of compensation available depends on the specific facts and circumstances of your situation. Past results in other cases do not guarantee any particular outcome in your case.
Content prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. Chandler Ross Injury Attorneys is a personal injury law firm. This content is for informational purposes only and does not constitute legal advice. Attorney advertising.
