While no one can completely erase the risk of a criminal act occurring, property owners are legally obligated to minimize that risk for customers, tenants, and other visitors as much as possible. Any property owner who fails to meet this duty of care through negligent security may hold civil liability for any resulting injuries.
However, getting a positive result from this unique type of premises liability claim can be challenging without help from an experienced premises liability attorney. To effectively pursue the compensation you deserve, speak with a Houston negligent security lawyer about your situation.
Holding Landowners Liable for “Foreseeable” Crimes
As with other types of premises liability litigation, negligent security lawsuits are typically built around allegations that a landowner failed to fulfill a duty of care. This duty involves protecting lawful property visitors from suffering preventable harm. A lawsuit must also prove that their failure directly and primarily caused the plaintiff’s injuries. With negligent security claims, the key factor in determining the landowner’s liability for the incident is whether they failed to sufficiently address a “foreseeable” criminal act.
Landowners are expected to be aware of what is happening and what could reasonably happen in the area around their property. For example, apartment owners should understand that burglary is a risk they should account for when managing their property, based on the fact that similar crimes have happened at other apartment buildings.
Landowners should take reasonable measures to lower the risk of “foreseeable” crimes. Depending on the circumstances, this could range from simply adding locks on doors inside the property to instituting more stringent security measures like fences, cameras, and even private security personnel. An experienced Houston attorney could offer further guidance about a property owner’s legal duties based on the negligent security case.
Recovering Compensation Within Filing Deadlines
When negligent security leads to a criminal act and severe injuries on someone else’s property, the injured person may demand compensation through a civil claim. This could cover economic and non-economic consequences of their injury, including:
- All medical bills, including expected costs of future care
- Lost work income and working capacity
- Personal property loss or damage
- Physical pain and discomfort
- Psychological trauma and emotional distress
- Lost enjoyment and quality of life
Importantly, though, Texas Civil Practice & Remedies Code §16.003 gives two years after the date of an accident to file a personal injury lawsuit in most cases. The sooner an injured person reaches out to legal counsel after a negligent security accident in Houston, the sooner they can begin building a claim for compensation.
Contact a Houston Negligent Security Attorney for Assistance
Lack of proper security on private or commercial property can be extremely dangerous, as far too many people learn every year. If you were injured through a preventable criminal act, you might have the right to demand civil compensation from the negligent landowner for failing to provide proper security.
Guidance from a Houston negligent security lawyer could be vital to achieving a favorable outcome from your lawsuit or settlement demand. Schedule a meeting about your case by calling our firm today.
Below are just some of the more common types of cases that Benjamin Roberts represents personal injury clients.
For a full list of the cases we handle, please see the Practice Areas link at the top of the page.