Negligent Security Claims: Can You Sue for an Injury on Someone Else’s Property?

In Texas, property owners have a legal obligation to maintain a safe environment for visitors. This includes taking reasonable measures to protect individuals from foreseeable harm, such as violent crimes or assaults, that could occur on their property. 

When a person is injured due to inadequate security measures, they may have grounds for a personal injury claim. Negligent security claims can arise when an injury occurs because a property owner failed to provide reasonable security or failed to address known risks. 

Brett Reynolds & Associates, P.C. explores negligent security claims in Central and South Texas, examining when property owners can be held liable for injuries sustained on their premises due to inadequate security measures.

What Is Negligent Security?

Negligent security refers to a property owner’s failure to provide adequate security measures to protect individuals from foreseeable criminal activity. Property owners are expected to take precautions based on the type of business, the area’s crime rate, the property's history, and the nature of the activities conducted on the property. 

For example, a nightclub in a high-crime area may be required to hire security personnel, install surveillance cameras, and confirm proper lighting to help prevent criminal activity.

When a property owner fails to take such precautions and an individual is harmed as a result, the injured person may have the right to pursue a personal injury claim. 

It’s important to note that negligent security claims are distinct from general premises liability claims, as they specifically involve the failure to protect against criminal acts that occur on the property.

The Duty of Care Owed by Property Owners

In Texas, property owners owe a duty of care to individuals who are legally on their property. This duty varies depending on the nature of the relationship between the property owner and the visitor. The highest duty of care is owed to invitees, such as customers in a store or guests in a hotel. 

Property owners must take reasonable steps to protect invitees from harm, including preventing criminal activity.

For example, if a property owner is aware of criminal activity in the area and fails to take appropriate security measures, such as installing adequate lighting or hiring security personnel, they may be held liable for any injuries that occur due to a crime. 

Similarly, a hotel that fails to secure its parking lot or provide sufficient lighting in the parking garage may be held liable for injuries sustained during a robbery or assault. 

However, property owners aren’t expected to protect individuals from all potential personal injury. 

The law only requires them to take reasonable precautions based on the likelihood of crime and the specific circumstances of the property. If the property owner can prove that the injury wasn’t foreseeable or that adequate security measures were in place, they may not be held liable for the injury.

Foreseeability and the Importance of Knowledge

A critical aspect of negligent security claims is the concept of foreseeability. To establish a personal injury claim based on negligent security, the injured party must show that the crime that caused their injury was foreseeable. 

This typically involves proving that the property owner had prior knowledge of similar crimes occurring on the property or in the surrounding area.

For example, if an individual is injured during an assault at an apartment intricate that has a history of criminal activity, the victim may be able to demonstrate that the property owner knew or should have known about the dangers and had an obligation to take steps to prevent harm. 

This could include installing security cameras, hiring security personnel, or improving lighting in areas that are poorly lit.

In some cases, even if a crime hasn’t previously occurred on the property, a property owner may still be liable if the circumstances made the crime foreseeable. For example, if the property is located in a high-crime area, the property owner may be expected to take additional precautions to protect visitors.

Common Examples of Negligent Security

Negligent security claims can arise in various situations where a property owner’s failure to provide adequate protection leads to injury. Common examples of negligent security include assaults, robberies, and violent crimes that occur in areas such as:

• Parking lots and garages: A poorly lit parking lot or garage can provide an opportunity for criminals to attack individuals who are leaving their vehicles. Property owners may be required to provide adequate lighting, security cameras, and patrols to prevent these types of incidents.
  

• Apartments and residential complexes: Landlords and property managers have a duty to protect residents from foreseeable criminal activity. If an assault or robbery occurs on the property due to inadequate security measures, the property owner may be held liable.
  

• Hotels and motels: Hotels have a responsibility to protect their guests from criminal activity on the premises. This includes making sure that the hotel’s entrances are secure, there’s adequate lighting, and surveillance cameras are in place.
  

• Nightclubs and bars: Nightlife establishments often face higher risks of violent crime due to the nature of the business. Failure to hire security personnel, monitor patrons, or address disturbances can result in liability if an injury occurs as a result of criminal activity.

Proving a Negligent Security Claim

In a personal injury case involving negligent security, the burden of proof falls on the injured party. The victim must show that the property owner failed to take reasonable steps to protect them from harm and that this failure directly caused the injury. 

To support a personal injury claim, the injured party may present evidence such as previous crime reports, witness statements, expert testimony, surveillance footage, or incident reports. The presence of prior criminal activity in the area can strengthen the argument that the injury was foreseeable.

For example, if a person is assaulted in a hotel parking lot, they may be able to prove that the hotel had prior knowledge of robberies or assaults in the area but failed to implement additional security measures. 

If the hotel had adequate lighting or security patrols, the attack might have been prevented, and the hotel could be held liable for the injury.

Contributory Negligence and Comparative Fault

Texas follows a modified comparative fault rule, which means that an injured party’s compensation may be reduced if they’re found partially at fault for the incident. In the context of negligent security claims, this could apply if the injured party contributed to the situation that led to their injury. 

For example, if a person was trespassing on private property or failed to exercise reasonable caution, their compensation could be reduced in proportion to their level of fault.

However, if the injured party is found to be more than 50% at fault for the incident, they may be barred from recovering any compensation. Therefore, property owners in Texas may attempt to argue that the injured party’s actions contributed to the crime, thereby reducing their own liability. 

Lastly, it's important to discuss how an attorney can help with your situation.

The Next Steps

Brett Reynolds & Associates, P.C. is dedicated to helping individuals injured due to negligent security seek justice and fair compensation for their injuries. Located in San Antonio, Texas, they’re proud to serve Central and South Texas. Call today to speak with an experienced personal injury attorney.