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When a property owner fails to protect you from a foreseeable crime, Texas law gives you the right to hold them accountable. Negligent security is a real legal claim, and if you were assaulted, robbed, or otherwise harmed at an apartment complex, parking garage, hotel, shopping center, or any other commercial property in or around Plano, you may be entitled to compensation. The personal injury lawyers at Chandler Ross Injury Attorneys, located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205, help victims across the Plano area fight back against negligent property owners. Call us at (940) 800-2500 to talk about your case.
Table of Contents
- What Negligent Security Means Under Texas Law
- Common Locations Where Negligent Security Claims Arise in Plano
- What You Must Prove to Win a Negligent Security Case in Texas
- How Texas Proportionate Responsibility Rules Affect Your Claim
- Steps to Take After a Negligent Security Incident in Plano
- Why Chandler Ross Injury Attorneys Handles Plano Negligent Security Cases
- FAQs About Plano Negligent Security Claims
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 maintain reasonable security measures allows a foreseeable crime to happen, and someone gets hurt as a result.
Texas premises liability law requires property owners to protect people who are lawfully on their property from foreseeable dangers, including criminal acts. This duty does not mean a property owner must prevent every possible crime. It means they must take reasonable steps when they know, or should know, that a risk exists.
The Texas Supreme Court addressed this directly in Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998). The court established that while a person generally has no legal duty to protect another from a third party’s criminal acts, an exception exists. A person who controls premises does have a duty to use ordinary care to protect invitees from criminal acts of third parties when they know or have reason to know of an unreasonable and foreseeable risk of harm.
Foreseeability is the central issue in most negligent security cases. Texas courts look at whether the property owner knew or should have known that criminal conduct was likely. Relevant factors include the proximity of prior crimes, how recently and how often crimes occurred, how similar those crimes were to the one that harmed you, and whether those crimes were publicly known. These factors come directly from the Timberwalk standard that Texas courts continue to apply today.
The duty of care applies to invitees, meaning customers, tenants, guests, and other people with a lawful reason to be on the property. Under Texas Civil Practice and Remedies Code Chapter 75, a trespasser generally cannot recover for injuries on another’s land unless the owner acted willfully, wantonly, or with gross negligence. If you had a legal right to be where you were harmed, you likely qualify as an invitee, which means the full duty of care applied to you.
Common Locations Where Negligent Security Claims Arise in Plano
Negligent security incidents happen at properties where the public gathers and where property owners are expected to maintain safe conditions. Plano’s commercial corridors along the Dallas North Tollway, US-75 (Central Expressway), and the Legacy West and Shops at Legacy areas see heavy foot traffic, and that activity creates real security obligations for property owners.
Apartment complexes are one of the most common settings for negligent security claims. When a complex has broken entry gates, burned-out parking lot lights, non-functioning security cameras, or broken door locks, residents and guests face unnecessary risk. The Texas Property Code requires landlords to respond to tenant requests to repair or rekey security devices. When they ignore those requests and someone gets hurt, their failure can become a legal liability.
Hotels and motels near US-75 and the President George Bush Turnpike are another frequent source of claims. A broken keycard entry point, unmanned lobby, or disabled hallway camera can turn an ordinary stay into a dangerous situation. Parking garages, including those near Legacy Town Center and the many office parks throughout Plano, are also high-risk locations where poor lighting and lack of security personnel create opportunities for assault and robbery.
Other common locations include nightclubs and bars, shopping centers, convenience stores, gas stations, and event venues. Any property that regularly invites the public onto its premises carries a legal obligation to assess and address security risks. If the business knew about prior criminal incidents in the area and did nothing, that knowledge becomes central to your claim.
Negligent security cases often overlap with other serious injury claims. Victims may also suffer catastrophic physical harm, traumatic brain injuries, or permanent disabilities as a result of an attack on poorly secured property. The nature and location of the attack matters, but so does the full extent of what you have lost.
What You Must Prove to Win a Negligent Security Case in Texas
Texas law requires a negligent security plaintiff to prove four elements: duty, breach of duty, causation, and damages. Each one must be established by a preponderance of the evidence, meaning it is more likely true than not.
First, the property owner must have owed you a duty of care. This duty applies to invitees, which includes customers, tenants, and guests lawfully present on the property. The level of duty depends on the nature of the property, the likelihood of crime in the area, and whether the owner reasonably should have known about potential danger. A shopping center in a high-traffic commercial district carries different security obligations than a small rural storefront.
Second, the owner must have breached that duty. Breach means they failed to take reasonable steps to protect you. Common examples include leaving security gates broken for extended periods, failing to replace burned-out lights in parking lots or stairwells, ignoring broken locks on entry doors or windows, and failing to install or maintain surveillance cameras in areas where crime was foreseeable.
Third, that breach must have caused your injury. This is the causation element. You must show that the lack of adequate security was a direct and producing cause of the harm you suffered. If the attack would have happened regardless of any security measures, causation may be difficult to establish. But if working cameras, a security guard, or functioning gate locks would likely have deterred or prevented the attack, causation is much easier to prove.
Fourth, you must have suffered actual damages. These include medical expenses, lost wages, pain and suffering, emotional distress, and in serious cases, long-term disability costs. Texas Civil Practice and Remedies Code Chapter 33 governs proportionate responsibility, which means even if a jury finds you partially at fault, you can still recover as long as your share of responsibility is 50 percent or less. Under Section 33.013, each defendant is liable only for their percentage of fault, except when a defendant’s responsibility exceeds 50 percent, in which case joint and several liability may apply.
How Texas Proportionate Responsibility Rules Affect Your Claim
Texas follows a modified comparative fault system under Chapter 33 of the Civil Practice and Remedies Code. This system directly affects how much money you can recover in a negligent security case.
Under Section 33.013, a defendant is generally liable only for the percentage of damages equal to their percentage of responsibility for your injury. So if a jury finds the property owner 70 percent responsible and assigns 30 percent of the fault to a third-party attacker, the property owner pays 70 percent of your damages. This matters because the attacker may have no money to pay a judgment, but the property owner often does, especially when they carry commercial liability insurance.
Texas law also bars recovery entirely if the plaintiff is found more than 50 percent responsible for their own injuries. This is sometimes called the 51 percent bar rule. Defense attorneys for property owners will often argue that a victim assumed a risk, was in a place they should not have been, or failed to take steps to protect themselves. Under Texas Civil Practice and Remedies Code Section 93.001, it is an affirmative defense that the plaintiff was committing a felony that was the sole cause of their damages. This defense does not apply if your injury resulted from someone else’s criminal act against you.
When the attacker intentionally targeted you, Section 33.013(b)(2) of the Texas Civil Practice and Remedies Code allows for joint and several liability. This applies when a defendant acted in concert with another person to commit specific intentional crimes listed in the statute, including aggravated assault under Penal Code Section 22.02, sexual assault under Section 22.011, and aggravated kidnapping under Section 20.04. In those cases, a property owner who enabled the crime by ignoring foreseeable risks may share full liability for your damages.
Punitive damages are also possible in egregious cases. Under Texas Civil Practice and Remedies Code Section 41.008, punitive awards are generally capped at the greater of $200,000 or twice the economic damages plus an equal amount of non-economic damages up to $750,000. Punitive damages may be available when a property owner had clear knowledge of serious security deficiencies and willfully ignored them.
Steps to Take After a Negligent Security Incident in Plano
What you do in the hours and days after an attack on someone else’s property can determine whether your claim succeeds or fails. Evidence disappears fast, and Texas law gives you a limited window to act.
Get medical help immediately, even if you feel okay. Injuries from assaults, including traumatic brain injuries and internal trauma, do not always show immediate symptoms. Your medical records also serve as direct evidence of the harm you suffered, and gaps in treatment can be used against you later.
Call the police and file a report. A police report documents the incident, the location, and the conditions at the time. It also creates a record that may be used to establish foreseeability if prior incidents at the same location are on file with the Plano Police Department. The Plano Police Department classifies and reports crime statistics according to the FBI Uniform Crime Report, which means prior crime data for specific areas and properties is often accessible.
Document the scene. Take photos of broken lights, damaged gates, missing cameras, broken locks, or any other security failure you can see. Do not wait. Property managers often make repairs quickly after an incident to limit their liability, and the evidence you capture right away may be the only proof of the conditions that existed when you were harmed.
Do not give recorded statements to the property owner’s insurance company before speaking with an attorney. Insurance adjusters work to minimize payouts, and anything you say can be used to reduce or deny your claim.
Contact Chandler Ross Injury Attorneys as soon as possible. Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for personal injury claims, including negligent security cases. That clock starts on the date of your injury. Missing that deadline generally means losing your right to recover anything. An attorney can also send a preservation letter to the property owner immediately, demanding that surveillance footage, maintenance records, and incident reports be preserved before they are destroyed or overwritten.
Why Chandler Ross Injury Attorneys Handles Plano Negligent Security Cases
Chandler Ross Injury Attorneys represents injury victims across the Plano area from our office in Denton, Texas. We handle premises liability and negligent security cases for clients who were harmed at commercial properties, apartment complexes, hotels, parking facilities, and other locations where a property owner failed to provide reasonable security.
Our firm investigates these cases thoroughly. That means gathering police reports, pulling prior incident data, subpoenaing maintenance records and security logs, reviewing surveillance footage, and consulting with security experts who can speak to what reasonable safety measures would have looked like at your specific location. Building a strong negligent security case requires real investigative work, and we do not cut corners.
We work on a contingency fee basis, which means you pay nothing unless we recover money for you. There are no upfront costs and no hourly fees. If we do not win your case, you owe us nothing.
Plano sits in Collin County, and cases filed there are heard in the Collin County District Courts located in McKinney, Texas. Our attorneys are familiar with the courts, the procedures, and the legal standards that apply to premises liability claims in this jurisdiction. We are prepared to take your case to trial if a fair settlement cannot be reached.
If you or a family member was harmed because a property owner in Plano failed to maintain adequate security, call us today at (940) 800-2500. Past results in other cases cannot guarantee the same outcome in yours, since every case turns on its own facts and applicable law, but we are committed to fighting for the full compensation you deserve under Texas law.
Content prepared by Chandler Ross, Injury Attorneys, 110 N. Woodrow Ln, Ste 120, Denton, TX 76205. Chandler Ross is licensed to practice law in Texas.
FAQs About Plano Negligent Security Claims
Can I sue a property owner if I was attacked at an apartment complex in Plano?
Yes, you may have a valid negligent security claim if the property owner knew or should have known that criminal activity was a foreseeable risk and failed to take reasonable steps to address it. Texas law, as established in Timberwalk Apartments v. Cain, requires property owners to protect invitees from foreseeable criminal acts. If the complex had a history of break-ins or assaults, broken security gates, non-functioning cameras, or inadequate lighting, those facts can support a claim. A lawyer can review the specific conditions at your complex and advise you on whether you have grounds to pursue compensation.
What if the person who attacked me is never caught or has no money to pay a judgment?
Your claim is against the property owner, not just the attacker. Property owners often carry commercial liability insurance, and that coverage can be a source of compensation even when the individual who harmed you cannot be identified or has no assets. The legal theory in a negligent security case is that the property owner’s failure to maintain adequate security allowed the attack to happen. You do not need to locate or sue the attacker to pursue a claim against the property where the incident occurred.
How long do I have to file a negligent security lawsuit in Texas?
Texas Civil Practice and Remedies Code Section 16.003 gives most personal injury plaintiffs two years from the date of the injury to file a lawsuit. If you miss that deadline, the court will almost certainly dismiss your case and you will lose your right to recover any compensation. There are limited exceptions, such as cases involving minors or situations where the injury was not immediately discoverable, but you should not count on an exception applying to your situation. Contact an attorney as soon as possible after the incident to protect your rights.
What kinds of damages can I recover in a negligent security case in Plano?
You may be entitled to recover economic damages such as medical bills, future medical expenses, lost wages, and reduced earning capacity. You can also seek non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases where the property owner’s conduct was especially reckless, punitive damages may be available under Texas Civil Practice and Remedies Code Section 41.008, subject to statutory caps. The specific damages available in your case depend on the facts, the severity of your injuries, and how clearly the property owner’s negligence contributed to what happened to you. No attorney can promise a specific outcome, since results vary based on the facts and law in each individual case.
Does Texas law protect property owners from negligent security claims if the crime was committed by a third party?
Texas law does recognize a general rule that people are not responsible for the criminal acts of others. However, the Texas Supreme Court established a clear exception: a property owner who controls premises has a duty to protect invitees from third-party criminal acts when the risk of such acts is unreasonable and foreseeable. If prior criminal activity at or near the property put the owner on notice, and they failed to act, that exception applies. The property owner cannot simply point to the attacker and walk away from responsibility when their own failure to provide security made the attack possible.
