Negligent Security Cases In Texas

Is the Victim of a Crime Entitled to Financial Compensation?

When there is a victim of a crime it is often asked if they are entitled to financial compensation and if so, from whom?  Does an apartment complex, hotel, resort, or commercial property, owe a duty to its tenants/guests to provide security from crime?  In this article, I will discuss a body of law that has become known as negligent security, and it all stems from a 1998 Texas Supreme Court decision in a case styled Timberwalk Apartments, Partners Inc, v. Cain.

Texas Supreme Court Case “Timberwalk Apartments, Partners Inc, v. Cain”

Jessica Cain, a resident of the Timberwalk Apartments in Houston, was raped by an intruder.  She sued the apartment complex and its management company alleging, among other things, that the Defendants failed to provide adequate security measures, that this created an unreasonable risk of harm, and that Defendants knew or should have known about this risk but failed to take corrective action.   The court concluded that a commercial land owner does indeed owe a duty to protect its guests from crime, IF the criminal conduct was foreseeable, if the land owner knew or should have known about the risks to its guests, and if he failed to take corrective action.

What Proof Is Needed to Prove a Negligent Security Case In Texas?

The Timberwalk Court laid out the types of proof needed to establish a duty to provide protection above what the law and the lease may require.  To be successful in a negligent security case, Plaintiff must show evidence of other crimes previously committed on the property in question or in the immediate vicinity.  The previous crimes must be sufficiently similar to the crime in question.  The frequency and recency of these previous crimes is important.  Plaintiff has a stronger case if she can show that similar crimes were happening frequently and that they had occurred recently to the crime in question. Plaintiff must show that the land owner/manager knew or should have known about these similar crimes happening on or near its property.  Here, Plaintiff can show actual knowledge such as written notices from tenants that crimes have occurred, or, knowledge can be presumed by showing that the previous crimes had garnered publicity that should have come to the owner/manager’s attention.  And, lastly, Plaintiff must show that the land owner/manager did nothing to increase its security or to warn its guests.

Failure to Correct Deficiencies in Security

Often, Plaintiffs can show that security lights had been out for some time, creating a dark and dangerous spot on the premises.  Sometimes, it can be shown that automatic gates had not been closing for some time prior to the crime in question.  Or, that fences had been down.  In hotels and resort cases, sometimes room keys are issued to an intruder by mistake.  Sometimes, an inebriated guest was not properly escorted to her room or was allowed to remain in an unsafe situation.  Many times, at conventions, young ladies have too much to drink and become prey to predators who sometimes gain access to their rooms by making false claims to a hotel employee who should know better.

When and Why You May Need A Negligent Security Lawyer in Houston

Negligent security cases are often tragic cases involving murder or rape.  It is not enough that the perpetrator is caught and punished.  Apartment and hotel owners should be made to pay so as to ensure these crimes don’t happen to another innocent victim.  Juries have been shown to be particularly sympathetic to negligent security cases, often making defendants pay millions of dollars for their carelessness.  If you or anyone you know has been a victim of crime on someone’s property, call me and I will be glad to answer your questions and explain your rights.

Contact Us For A Houston Negligent Security Lawyer

If you or someone you know has been a victim of a crime on someone’s property, you may be entitled to financial compensation under negligent security laws. Just as in the case of Jessica Cain against Timberwalk Apartments, property owners have a duty to protect their guests from foreseeable harm. Negligent security cases often involve tragic events  where proper security measures could have prevented such incidents. If you believe you have a negligent security case, it’s crucial to seek legal representation to ensure your rights are protected. At the Law Offices of Robert Rodriguez in Houston, we specialize in handling negligent security cases and fighting for justice for our clients. Contact us today for a consultation to discuss your case and learn about your options for seeking compensation. Don’t wait—let us help you pursue the justice you deserve.