Rhome Negligent Security Attorney

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If you were attacked, robbed, or assaulted on someone else’s property in Rhome, Texas, the person who hurt you is not the only one who may be legally responsible. Under Texas premises liability law, a property owner who fails to provide reasonable security can be held accountable for crimes that happen on their land. This is called negligent security, and it gives victims a real path to financial recovery. The personal injury lawyers at Chandler Ross Injury Attorneys in Denton, Texas represent people throughout Wise County and the surrounding area who have been harmed because a property owner chose to ignore a foreseeable danger.

Table of Contents

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 allows a criminal act to injure someone on the premises. The legal foundation for these claims in Texas comes from the landmark case Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998), where the Texas Supreme Court confirmed that a property owner who controls premises owes a duty to use ordinary care to protect invitees from criminal acts of third parties, but only when the owner knows or has reason to know of an unreasonable and foreseeable risk of harm.

That word “foreseeable” is the key. Texas courts do not hold property owners responsible for every random crime that could ever happen anywhere. They hold owners responsible when crime was predictable given the circumstances. Foreseeability is evaluated based on four factors: the proximity of prior crimes to the property, how recently and how often those crimes occurred, how similar the prior crimes were to the attack in question, and how widely publicized the criminal activity was.

In a later ruling, Del Lago Partners v. Smith, 307 S.W.3d 762 (Tex. 2010), the Texas Supreme Court expanded this even further. The Court recognized that a property owner can be liable even without a history of prior crimes if the dangerous situation was clearly developing in real time and the owner failed to act. This matters for victims in Rhome and throughout Wise County, because even smaller communities are not immune to violent incidents at gas stations, convenience stores, apartment complexes, or parking lots along U.S. Highway 287.

Under Texas Civil Practice and Remedies Code Section 75.007, landowners generally owe no duty of care to trespassers, except to refrain from causing injury willfully, wantonly, or through gross negligence. This means your legal status on the property at the time of the attack directly affects your right to recover. Invitees, such as customers at a store or tenants at an apartment, receive the highest duty of care and have the strongest claims.

Common Locations Where Negligent Security Claims Arise in Rhome

Negligent security incidents happen at specific types of properties, and many of those properties exist right in and around Rhome. The area along U.S. Highway 287, which runs directly through town, is home to gas stations, convenience stores, and commercial stops that draw significant traffic from Fort Worth and the surrounding region. These high-traffic locations can become targets for robbery and assault, especially when they lack proper lighting, working security cameras, or trained staff protocols.

Apartment complexes are another common site for these claims. When a property manager fails to repair broken gate locks, leaves stairwells unlit, or ignores repeated tenant complaints about suspicious activity, the stage is set for a foreseeable attack. Parking lots at shopping centers, restaurants, and entertainment venues near the Texas Motor Speedway corridor also present real risk when property owners cut corners on security infrastructure.

Hotels and motels along major travel routes in Wise County have faced negligent security claims as well. A traveler who is assaulted in a poorly secured room or parking area has a right to ask whether the property operator knew about prior incidents and failed to act. The same applies to bars and nightclubs, where the Texas Supreme Court has recognized that the atmosphere itself can create foreseeable risks of violence.

Potential defendants in these cases include property management companies, convenience store chains, apartment owners, bar operators, hotel franchises, and retail establishments. The key is not where the crime happened, but whether the owner or operator had reason to know it was coming and failed to take reasonable steps to prevent it. Evidence such as prior police reports, 911 call logs, maintenance records, and surveillance footage all help establish that the risk was foreseeable.

How Texas Proportionate Responsibility Rules Affect Your Claim

Texas follows a proportionate responsibility system under Chapter 33 of the Civil Practice and Remedies Code. Under Section 33.013, each defendant is liable only for the percentage of damages equal to their share of responsibility. So if a property owner is found 60 percent responsible for your injuries and the criminal attacker is found 40 percent responsible, the property owner pays 60 percent of the total damages award.

There is an important exception. Under Section 33.013(b), if a defendant’s percentage of responsibility exceeds 50 percent, that defendant becomes jointly and severally liable for all of the claimant’s damages. This means a property owner who is more than half responsible for what happened to you could be on the hook for the full amount, not just their share. This matters because the criminal who attacked you may have no money to pay a judgment, while the property owner likely carries liability insurance.

Texas law also bars recovery if you are found more than 50 percent responsible for your own injuries. This is called the 51 percent bar rule. Defense attorneys for property owners often argue that victims contributed to their own harm by being in a certain area at a certain time, or by ignoring obvious warning signs. These arguments can be powerful, which is why building a strong, well-documented case from the start is so important.

Comparative fault does not have to derail your claim. A skilled legal team can counter these arguments with evidence showing that the property’s security failures, not your own conduct, were the primary cause of the attack. If you were shopping, visiting a friend, or simply filling up your car on Highway 287 when you were attacked, you had every right to be there and every expectation of reasonable safety.

What Damages You Can Recover After a Negligent Security Attack

A successful negligent security claim in Texas can result in compensation for both economic and non-economic losses. Economic damages are the financial costs you can document with bills, pay stubs, and records. These include emergency room expenses, surgery and hospitalization costs, follow-up medical care, physical therapy, prescription medications, and any future medical treatment you will need because of the attack.

Lost wages are also recoverable. If the attack left you unable to work for weeks or months, you can claim those lost earnings. If your injuries affect your long-term ability to earn a living, you may also recover damages for loss of earning capacity going forward. For victims who suffer catastrophic injuries, such as traumatic brain injuries or severe burns, these long-term economic losses can be substantial.

Non-economic damages cover the harms that do not come with a receipt. Pain and suffering, emotional distress, anxiety, post-traumatic stress disorder, loss of enjoyment of life, and damage to personal relationships are all compensable under Texas law. Victims of violent crimes often experience lasting psychological trauma that is just as real and just as debilitating as any physical injury.

In cases involving extreme negligence or intentional misconduct, punitive damages may also be available. These are designed to punish the defendant rather than simply compensate the victim. Under Texas Civil Practice and Remedies Code Section 33.013(b)(2), defendants who act in concert with another person to commit specific crimes, including aggravated assault under Texas Penal Code Section 22.02 or sexual assault under Section 22.011, can face joint and several liability for all resulting damages. If your attack involved one of these offenses, the property owner’s exposure may be significantly greater.

The Deadline to File a Negligent Security Claim in Texas

Texas law gives you two years from the date of the attack to file a negligent security lawsuit. This deadline comes from the Texas Civil Practice and Remedies Code, and it applies to most personal injury and premises liability claims in the state. Miss it, and a court will almost certainly dismiss your case, regardless of how strong the evidence is.

Two years sounds like plenty of time, but it goes faster than most people expect, especially when you are recovering from injuries and dealing with medical appointments, insurance calls, and the emotional aftermath of a violent crime. The real urgency is not the filing deadline itself, but the evidence that disappears long before it. Security camera footage is typically overwritten within 30 to 90 days. Witnesses move or forget details. The property owner may repair or alter the conditions that contributed to the attack. Every day that passes without an investigation is a day that evidence is lost.

If your attack happened on government-owned property, such as a city-operated parking facility or a public park in or near Denton, additional notice requirements apply under the Texas Tort Claims Act. You may be required to give formal written notice of your claim within six months of the incident, sometimes sooner, before you can even file a lawsuit. Failing to provide this notice on time can eliminate your claim entirely.

Chandler Ross Injury Attorneys serves clients in Rhome, Wise County, and throughout the Denton area. Our firm handles cases in the Denton County courts and works to protect your rights from day one. Call us at (940) 800-2500 as soon as possible after an attack so we can begin preserving evidence, interviewing witnesses, and building your case before critical information is gone. Past results in any case do not guarantee the same outcome in yours, as every case depends on its own facts and applicable law.

FAQs About Rhome Negligent Security Claims

Can I sue a property owner if someone else physically attacked me on their property?

Yes, you can pursue a claim against a property owner even though a third party was the one who physically harmed you. Texas premises liability law recognizes that property owners have a duty to protect invitees from foreseeable criminal acts. If the owner knew or should have known that crime was a risk on their property and failed to take reasonable security measures, they can be held liable for the harm you suffered. The criminal attacker and the property owner can both be named as defendants in the same lawsuit.

What evidence do I need to prove a negligent security case in Rhome?

The most important evidence in a negligent security case is anything that shows the property owner knew or should have known about the risk of crime. This includes prior police reports for incidents at the same location, records of 911 calls from the property, maintenance logs showing broken lights or cameras, internal security reports, and any prior complaints made to management. Surveillance footage from the time of the attack, witness statements, and photographs of the property conditions are also critical. An attorney can send a legal preservation letter to the property owner immediately to prevent this evidence from being destroyed.

Does it matter that I was at a gas station or convenience store along Highway 287 when the attack happened?

Your location on the property matters because it helps establish your legal status as an invitee. A customer at a gas station or convenience store is an invitee, meaning the property owner owes you the highest duty of care under Texas law. This includes taking reasonable steps to protect you from foreseeable criminal activity. The commercial nature of the location, the volume of traffic it attracts, and any history of prior incidents at that spot are all relevant to whether the risk of crime was foreseeable and whether the owner’s security measures were adequate.

What if the property owner says they had no idea crime was a problem in that area?

A property owner’s claim that they had no knowledge of crime in the area is a defense, but it is not automatically a winning one. Texas courts evaluate foreseeability based on what a reasonable property owner should have known, not just what they claim to have known. If police reports, news coverage, or community awareness of crime in the area existed before your attack, the owner may be charged with constructive knowledge of that risk. Your attorney can investigate the crime history of the area using Texas Department of Public Safety records and local law enforcement data to counter this defense.

How much does it cost to hire Chandler Ross Injury Attorneys for a negligent security case?

Chandler Ross Injury Attorneys handles personal injury and negligent security cases on a contingency fee basis. This means you pay no attorney’s fees unless your case results in a recovery. There are no upfront costs and no hourly billing. You can call (940) 800-2500 to discuss your situation at no charge. The firm serves clients in Rhome, Denton, Wise County, and the surrounding North Texas region. Attorney responsible for this content: Chandler Ross Injury Attorneys, principal office located in Denton, Texas.

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