Wichita Falls Negligent Security Attorney

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Being attacked, assaulted, or robbed on someone else’s property is a traumatic experience. What many victims in Wichita Falls don’t know is that the property owner may share legal responsibility for what happened. When a business, apartment complex, or commercial property fails to provide reasonable security, and someone gets hurt as a result, that failure can give rise to a negligent security claim under Texas law. If you or a loved one suffered injuries due to inadequate security in Wichita Falls, the personal injury lawyers at Chandler Ross Injury Attorneys are ready to help you understand your rights and pursue the compensation you deserve.

Table of Contents

What Negligent Security Means Under Texas Premises Liability Law

Negligent security is a specific type of premises liability claim. It holds property owners accountable when their failure to provide reasonable security measures directly leads to a visitor being harmed by a criminal act. Texas law treats this as a subset of the broader duty that property owners owe to people who enter their premises.

The Texas Supreme Court set the governing standard in Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998). In that case, the court established the standard for recovery against a property owner for inadequate security, recognizing that “a person has no legal duty to protect another from the criminal acts of a third person.” However, the court carved out a critical exception. 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.

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.

Proper factors to consider in determining foreseeability include the proximity of other crimes, the recency and frequency of those crimes, the similarity of the crimes, and the publicity of the crimes. In practical terms, this means a landlord who ignores repeated police reports about assaults on their property, or a parking lot owner who knows their lighting is broken in a high-crime area, may be held legally responsible when a visitor is harmed.

In Texas, property owners have a legal responsibility to provide reasonable security measures to protect visitors from criminal activity. This can include installing security cameras, hiring security guards, and properly lighting the property. When property owners fail to take these measures, visitors may be at risk of injury or property damage from criminal activity such as theft, assault, or even homicides.

Why Negligent Security Claims Are Especially Relevant in Wichita Falls

Wichita Falls has a crime profile that makes negligent security claims a real and pressing concern for residents and visitors alike. Based on the most recent FBI data, the Wichita Falls crime rate is higher than the national average by 43.6%, with 486 violent crimes recorded, equivalent to 470 per 100,000 individuals, which is higher than the national average by 27.2%.

With a crime rate of 30 per one thousand residents, Wichita Falls has one of the higher crime rates in America compared to communities of all sizes. One’s chance of becoming a victim of either violent or property crime here is one in 33. That is a sobering number for anyone spending time at local businesses, apartment complexes, or entertainment venues near areas like Kemp Boulevard, Lawrence Road, or the commercial corridors along Southwest Parkway.

Wichita Falls residents generally consider the southwest part of the city to be the safest, with a chance of being a victim of violent crime ranging from 1 in 121 in the southeast neighborhoods to 1 in 320 in the southwest. That disparity matters. A property owner operating in a neighborhood with a documented history of crime has a stronger legal obligation to provide adequate security than one operating in a lower-risk area.

When a convenience store near Midwestern Parkway, an apartment complex off Seymour Highway, or a parking lot near the MPEC event center fails to take basic precautions, and someone is assaulted or robbed as a result, Texas law may allow the victim to hold that property owner accountable. The potential defendants in a negligent security claim include property management companies, convenience stores, apartment complexes, bar owners, hotels, restaurants, or any retail establishment.

Winning a negligent security claim in Texas requires proving four distinct elements. Missing even one can end your case. Understanding what each element requires helps you see why building a strong evidentiary record from day one matters so much.

First, you must establish that the property owner owed you a legal duty of care. Premises liability is a special form of negligence law with different elements that define a property owner or occupant’s duty with respect to those who enter the property. Invitees, meaning customers and tenants, receive the highest level of protection under Texas law.

Second, you must show the owner breached that duty. To prove liability in a negligent security case, the injured party must show that the property owner knew or should have known about the security risk and failed to take appropriate action to address it. This can include showing that the property owner was aware of the security risk but failed to take measures to protect visitors, or that a reasonable person would have known about the security risk and taken steps to address it.

Third, you must prove causation. This is often the hardest element. You must connect the owner’s security failure directly to the harm you suffered. For example, if a broken gate allowed a criminal onto an apartment property near Sikes Senter Mall, and that criminal assaulted you, the broken gate must be the reason the attack was possible.

Fourth, you must document your damages. If you are successful in your negligent security case, you may be entitled to compensation for your injuries and damages, which can include medical expenses, lost wages, and pain and suffering. Emotional trauma, therapy costs, and loss of future earning capacity may also factor into your claim.

These claims require immediate action to obtain police reports of prior criminal activity, statements from witnesses, video footage from the time period in question before it is destroyed, and notices previously sent to those in charge of the property. Acting fast is not optional. It is essential.

Texas Law and the Deadline to File Your Negligent Security Claim

Texas sets a firm deadline for filing negligent security and other personal injury claims. Under Texas Civil Practice and Remedies Code Section 16.003, a person must bring suit for personal injury not later than two years after the day the cause of action accrues. This two-year window applies to negligent security claims arising from assaults, robberies, and other criminal acts on private property.

Missing this deadline almost always means losing your right to recover compensation permanently. The law is unforgiving. If you do not file your lawsuit during the statute of limitations period, you will likely not be able to pursue your claim in court because the statute of limitations has expired.

There are limited exceptions. If the victim is a minor, the two-year clock generally does not start until they turn 18. When the victim is a minor, the two-year Texas personal injury statute of limitations doesn’t start running until they turn 18, meaning a minor has until age 20, or two years after reaching majority, to file a claim.

There is also a separate and shorter deadline if the negligent security occurred on government-owned property. The Texas Tort Claims Act requires claimants to provide formal written notice to the government entity within six months of the incident, and sometimes sooner depending on the circumstances. This applies if the attack happened in, for example, a city-owned parking structure or a public facility near Lucy Park along the Wichita River.

Negligent security cases are time-sensitive. Evidence of prior crimes, surveillance footage, maintenance records, and witness statements must be gathered quickly. The longer you wait, the more evidence disappears. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after an incident so we can begin preserving critical evidence on your behalf.

What Compensation May Be Available After a Negligent Security Incident in Wichita Falls

Victims of negligent security in Wichita Falls may be entitled to significant financial compensation. The exact amount depends on the facts of each case, and no attorney can guarantee a specific result. Past results in other cases do not predict what any individual case will produce. That said, Texas law allows injured victims to pursue a broad range of damages.

Economic damages cover your measurable financial losses. These include past and future medical bills, emergency room treatment, surgery, physical therapy, prescription medications, lost wages while you were unable to work, and reduced earning capacity if your injuries are long-term or permanent. If a loved one was killed in a negligent security incident, Texas Civil Practice and Remedies Code Section 71.002 allows certain family members to bring a wrongful death action for damages arising from that loss.

Non-economic damages address the human cost of your injuries. These include physical pain and suffering, emotional distress, anxiety, post-traumatic stress disorder, and loss of enjoyment of life. Victims of violent crimes often carry psychological injuries that last far longer than physical ones, and Texas law recognizes those losses as compensable.

Texas also follows a proportionate responsibility system under the Civil Practice and Remedies Code. This means that if a court finds you were partially at fault for your own injuries, your recovery is reduced by your percentage of responsibility. If your share of fault exceeds 50 percent, you cannot recover at all. This is why having an attorney who builds a thorough, evidence-backed case matters so much.

Chandler Ross Injury Attorneys handles negligent security cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Our firm serves clients in Wichita Falls from our office in Denton, Texas. All attorneys at Chandler Ross Injury Attorneys are licensed to practice in Texas.

How Chandler Ross Injury Attorneys Handles Negligent Security Cases in Wichita Falls

Chandler Ross Injury Attorneys approaches negligent security cases with a focus on evidence, accountability, and results. From the moment you call us at (940) 800-2500, we begin building your case. Our first priority is preserving the evidence that property owners and their insurers would prefer to see disappear.

We investigate the full history of criminal activity at and around the property where you were harmed. Prior police reports, 911 call records, and incident logs from the property itself can show that the owner knew about the risk and did nothing. If there is evidence showing that the owner had reason to foresee criminal activity, such as a history of crime in the area, but failed to take proper measures to protect visitors and residents, that supports a negligent security claim.

We also work with qualified experts to evaluate whether the security measures in place met the standard a reasonable property owner would have used. Under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), expert testimony must be grounded in reliable methodology. Our team ensures that any expert opinions we present meet that standard and hold up under scrutiny in a Texas court.

Adequate security can include installing gates, security cameras, and guards. When a property owner near Wichita Falls Regional Airport, a hotel on Kell Freeway, or an apartment complex off Missile Road skips these basic measures despite a known crime problem, we build the case showing exactly how that failure caused your harm.

We handle negotiations with insurance companies directly. Insurers routinely try to minimize payouts on negligent security claims. We know their tactics, and we push back. When a fair settlement is not possible, we are prepared to take your case to the 89th District Court in Wichita County or wherever your claim must be filed. Call us today at (940) 800-2500 for a free consultation. There is no obligation, and you pay nothing unless we win.

FAQs About Wichita Falls Negligent Security Attorney

Can I sue a property owner if I was attacked by someone else on their property?

Yes, in many cases you can. Texas law allows victims to hold property owners responsible for criminal attacks when the attack was foreseeable and the owner failed to provide reasonable security. The Texas Supreme Court in Timberwalk Apartments, Partners, Inc. v. Cain established that a property owner who controls premises has a duty to protect invitees from criminal acts of third parties when an unreasonable and foreseeable risk of harm exists. You would need to show the owner knew or should have known about the danger and failed to act. An attorney at Chandler Ross Injury Attorneys can review your situation and tell you whether you have a viable claim.

What types of properties are most commonly involved in negligent security claims in Wichita Falls?

Negligent security claims in Wichita Falls frequently arise at apartment complexes, hotels, bars and nightclubs, parking lots, convenience stores, shopping centers, and restaurants. Any commercial or residential property where the owner has a duty to protect visitors can be the subject of a claim. If the property had a history of criminal incidents and the owner failed to install cameras, hire security personnel, or maintain adequate lighting, the conditions for a claim may exist. The key question is always whether the criminal act that harmed you was foreseeable given what the owner knew or should have known.

How long do I have to file a negligent security claim in Texas?

Texas Civil Practice and Remedies Code Section 16.003 gives you two years from the date of the incident to file a personal injury lawsuit, including negligent security claims. If you miss this deadline, you almost certainly lose your right to recover compensation. There are narrow exceptions for minors and individuals under certain legal disabilities. If the incident occurred on government-owned property, the Texas Tort Claims Act may require you to give written notice within six months, which is an even shorter window. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible to protect your rights.

What evidence is most important in a Wichita Falls negligent security case?

The most important evidence includes surveillance footage from the property, prior police reports and 911 call logs showing a history of crime at the location, incident reports filed with the property owner or manager, witness statements, and any written complaints previously sent to the property about security concerns. Maintenance records showing broken lights, non-functioning cameras, or damaged gates are also critical. This evidence disappears quickly. Surveillance footage gets overwritten, witnesses move away, and property conditions get repaired after an incident. Acting fast gives your attorney the best chance to preserve what you need to prove your case.

Does Texas law reduce my compensation if I was partially at fault for what happened?

Texas follows a proportionate responsibility system under the Civil Practice and Remedies Code. If a court finds that you were partially at fault for your own injuries, your compensation is reduced by your percentage of responsibility. For example, if you are found 20% at fault and your damages total $100,000, you would recover $80,000. However, if your percentage of fault exceeds 50%, Texas law bars you from recovering any compensation at all. Property owners and their insurers often try to shift blame onto victims to reduce or eliminate their own liability. Having an attorney who anticipates and counters those arguments is essential to protecting your full recovery.

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