If you were assaulted, robbed, or attacked on someone else’s property in Dallas, you may have a negligent security claim. Property owners have a legal duty to protect visitors from foreseeable crimes, and when they fail to provide adequate security measures, they can be held liable for injuries that result.
Victims of violent crimes on unsafe properties often face devastating physical injuries, emotional trauma, and mounting medical bills. Many don’t realize they have legal options beyond the criminal justice system.
The Dallas personal injury attorneys at Varghese Summersett have recovered millions for injury victims across Texas. We understand how to prove negligent security claims and hold property owners accountable when their failures put people in harm’s way.
What Is Negligent Security Under Texas Law?
Negligent security falls under premises liability law in Texas. Under Texas Civil Practice and Remedies Code § 75.002, property owners and managers must take reasonable steps to protect lawful visitors from foreseeable harm.
This duty extends to protecting visitors from criminal acts by third parties when the property owner knew or should have known about the risk of crime. If a property owner fails to implement adequate security measures and someone is injured as a result, they can be held liable for damages.
Negligent security claims typically arise when property owners:
- Know about previous crimes on or near the property but fail to increase security
- Fail to install or maintain proper lighting in common areas
- Don’t provide working locks on doors and windows
- Refuse to hire security guards despite high crime rates in the area
- Fail to install or monitor security cameras in areas where crimes commonly occur
- Don’t control access to the property through gates, key cards, or other security measures
- Ignore broken fences, gates, or other barriers that allow unauthorized access
Common Types of Negligent Security Cases in Dallas
Negligent security claims can arise at virtually any type of property where visitors are invited. In Dallas, we frequently see these cases involving:
Apartment Complexes and Residential Properties
Apartment complexes often see negligent security claims when tenants or guests are assaulted in parking lots, stairwells, or common areas. Landlords must provide adequate lighting, working locks, controlled access systems, and other reasonable security measures based on the crime history in the area.
Hotels and Motels
Hotel guests have been attacked in parking structures, hallways, and even in their rooms due to inadequate security. Hotels must screen visitors, maintain secure entry systems, provide adequate lighting, and respond to security concerns raised by guests.
Shopping Centers and Retail Stores
Customers injured during robberies or assaults in parking lots or inside stores may have claims against the property owner. This is especially true when the shopping center is located in a high-crime area or has experienced previous incidents.
Bars, Nightclubs, and Entertainment Venues
These businesses often see violent incidents due to alcohol consumption and large crowds. They must provide adequate security staff, control access, prevent over-service of alcohol, and respond quickly to disturbances.
Parking Lots and Parking Garages
Poorly lit, unmonitored parking facilities are common locations for assaults, carjackings, and robberies. Property owners must ensure proper lighting, security patrols, and surveillance systems, particularly during evening hours.
Office Buildings and Business Properties
Employees and visitors injured during robberies or attacks may have claims when businesses fail to control building access, provide adequate lighting, or maintain functioning security systems.
Proving a Negligent Security Claim in Texas
To win a negligent security case in Dallas, you must prove four elements:
1. The Property Owner Owed You a Duty of Care
Under Texas premises liability law, the duty owed depends on your status when injured. Invitees (customers, tenants, hotel guests) are owed the highest duty of care. Property owners must warn invitees of known dangers and take reasonable steps to make the property safe.
2. The Property Owner Breached That Duty
You must show the property owner knew or should have known about the risk of crime and failed to take reasonable security precautions. Evidence of previous crimes on or near the property, neighborhood crime statistics, and industry security standards all help establish this breach.
3. The Breach Caused Your Injuries
You must connect the security failure to your injuries. For example, if you were attacked in a dark parking lot that the property owner failed to light despite previous assaults in that area, you can show the lighting failure contributed to your attack.
4. You Suffered Actual Damages
You must have suffered real injuries and losses. This includes medical expenses, lost wages, pain and suffering, and emotional distress resulting from the attack.
What Makes a Property Owner Liable?
Not every crime that occurs on private property creates liability for the owner. Texas law requires proof that the crime was foreseeable and that reasonable security measures would have prevented it.
Foreseeability: The Key to Negligent Security Claims
Foreseeability means the property owner knew or should have known that criminal activity was likely to occur. Courts look at several factors:
- Previous crimes on the property or in the immediate area
- The nature and frequency of prior criminal activity
- How recently prior crimes occurred
- Whether the property owner received complaints about safety concerns
- Crime statistics for the neighborhood
- Industry standards for security in similar properties
Under Texas law, property owners are not insurers of visitor safety. They’re only liable when they knew about a specific danger and failed to act reasonably. However, when crime rates are high or previous incidents have occurred, the duty to provide security increases.
Reasonable Security Measures
What counts as “reasonable” security varies by property type and location. A high-rise apartment complex in a high-crime area must implement more extensive security than a small office building in a safe neighborhood.
Courts consider whether the property owner:
- Hired adequate security personnel
- Installed proper lighting throughout the property
- Maintained working locks and access control systems
- Installed and monitored surveillance cameras
- Trimmed landscaping to eliminate hiding spots
- Controlled access through gates or key card systems
- Conducted background checks on employees with access to residential areas
- Responded to prior incidents by increasing security
Who Can Be Held Liable in Dallas Negligent Security Cases?
Multiple parties may share liability for negligent security:
Property Owners: The individuals or entities that own the property where the crime occurred typically bear primary responsibility for maintaining adequate security.
Property Managers: Management companies hired to oversee day-to-day operations often have contractual duties to implement and maintain security measures.
Landlords: Residential landlords must provide tenants with reasonable security, particularly in common areas like parking lots, stairwells, and lobbies.
Business Tenants: Retail stores, restaurants, and other businesses that lease space may have independent duties to protect customers on their premises.
Security Companies: When hired security firms fail to perform their duties, they may share liability for resulting injuries.
Determining all liable parties requires thorough investigation of property ownership records, management contracts, and security agreements.
Damages Available in Negligent Security Cases
Victims of crimes on unsafe properties can recover several types of compensation:
Economic Damages
Medical Expenses: This includes emergency room treatment, hospitalization, surgery, medications, physical therapy, counseling, and future medical care related to your injuries.
Lost Wages: Compensation for time missed from work while recovering from your injuries.
Lost Earning Capacity: If your injuries prevent you from returning to your previous job or reduce your ability to earn income, you can recover the difference between what you would have earned and what you can now earn.
Property Damage: Reimbursement for personal property stolen or damaged during the incident.
Non-Economic Damages
Pain and Suffering: Compensation for physical pain and discomfort caused by your injuries.
Emotional Distress: Victims of violent crimes often suffer severe psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and fear. Texas law recognizes these invisible injuries deserve compensation.
Loss of Enjoyment of Life: When injuries prevent you from enjoying activities you once loved, you can recover damages for this loss.
Disfigurement and Scarring: Permanent physical changes resulting from your injuries warrant additional compensation.
Punitive Damages
Under Texas Civil Practice and Remedies Code § 41.003, you may recover punitive damages when the property owner’s conduct involved fraud, malice, or gross negligence. These damages punish egregious behavior and deter similar conduct in the future.
Punitive damages are capped in Texas at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
Why Insurance Companies Fight Negligent Security Claims
Property owners and their insurance companies often aggressively defend negligent security claims. They may argue:
“The crime was unforeseeable.” Insurers claim there was no way to predict the attack, even when previous crimes occurred on or near the property.
“The criminal is solely responsible.” While the criminal bears primary responsibility, this doesn’t eliminate the property owner’s duty to provide reasonable security.
“The victim was partially at fault.” Insurance companies may claim you contributed to your injuries by being in a dangerous area or not taking proper precautions. Under Texas comparative negligence law, your recovery can be reduced by your percentage of fault, but you can still recover if you’re less than 51% responsible.
“Security measures wouldn’t have prevented the crime.” Property owners argue that even with better security, the crime would have occurred.
“The security provided was adequate.” They point to some security measures in place, arguing they met their duty of reasonable care.
Fighting these defenses requires an experienced Dallas negligent security lawyer who understands premises liability law and has experience with negligent security cases. You need detailed investigation, expert witnesses, and aggressive advocacy.
The Negligent Security Claims Process in Dallas
Understanding what happens after you hire an experienced Dallas negligent security lawyer helps reduce anxiety about your case:
Investigation and Evidence Collection
Your Dallas negligent security lawyer will immediately begin gathering evidence. This includes incident reports, surveillance footage, maintenance records, prior crime reports, and witness statements. Evidence disappears quickly, so early action is essential.
Expert Analysis
Negligent security cases often require expert witnesses. Security experts evaluate whether the property’s security measures met industry standards. Crime analysts examine neighborhood crime data to establish foreseeability. Medical experts document the full extent of your injuries.
Demand and Negotiation
Once we’ve documented your damages, we send a detailed demand letter to the property owner’s insurance company. This begins the settlement negotiation process. Many negligent security cases settle before trial, but we prepare every case as if it will go to court.
Filing a Lawsuit
If negotiations fail to produce a fair settlement, we file a lawsuit in Dallas County. Texas gives you two years from the date of injury to file suit under the statute of limitations for personal injury cases.
Discovery
During discovery, both sides exchange evidence, take depositions, and build their cases. We obtain the property owner’s incident logs, security policies, maintenance records, and other documents that prove negligence.
Trial
If the case doesn’t settle, we will take your case to trial. Your Dallas negligent security lawyer will present evidence showing the property owner failed to provide reasonable security and that this failure directly caused your injuries. We call expert witnesses, cross-examine defense witnesses, and argue your case before a judge or jury. The goal at trial is to secure full compensation for your medical expenses, lost income, pain and suffering, and other damages you’ve endured.
Protect What Matters Most. If you or a loved one was injured in a crime on unsafe property in Dallas, time is critical. Contact Varghese Summersett today for a free consultation about your negligent security claim. Call (214) 903-4000.
Time Limits for Filing Negligent Security Claims
Texas gives you two years from the date of injury to file a personal injury lawsuit. This deadline is strict. Missing it means losing your right to compensation, regardless of how strong your case is.
Some situations can pause or extend the deadline:
- If the victim is a minor, the clock doesn’t start until they turn 18
- If the property owner fraudulently conceals their negligence, the deadline may be extended
- If you were mentally incapacitated at the time of the injury, the statute of limitations may be tolled
Don’t wait to seek legal help. Evidence disappears, witnesses forget details, and surveillance footage gets deleted. The sooner we begin investigating your claim, the stronger your case will be.
How to Protect Your Negligent Security Claim
After being injured in a crime on someone else’s property, certain steps can strengthen your case:
Report the incident immediately. Call 911 and file a police report. This creates an official record of what happened.
Seek medical attention right away. Even if you don’t think you’re seriously injured, get examined. Some injuries aren’t immediately apparent, and delayed treatment hurts your claim.
Document everything. Take photos of the location where the attack occurred, including lighting conditions, broken locks, or other security failures. Get contact information from witnesses.
Preserve evidence. Keep all medical records, bills, and documentation of lost wages. Don’t post about the incident on social media, as insurance companies monitor these platforms.
Don’t give statements to insurance companies. Property owners’ insurers will contact you quickly, hoping to get recorded statements they can use against you. Politely decline and refer them to your attorney.
Don’t accept quick settlement offers. Initial offers rarely reflect the true value of your claim. Insurance companies hope you’ll settle before understanding the full extent of your injuries and damages.
What to Expect From Varghese Summersett
Our Dallas negligent security lawyers provide comprehensive representation for negligent security victims. Here’s what sets us apart:
Immediate Investigation: We act quickly to preserve evidence before it disappears. Our team photographs the scene, interviews witnesses, and obtains surveillance footage.
Experienced Trial Lawyers: With over dozens of team members across four Texas offices, we have the resources and experience to take on property owners and their insurance companies. We’ve recovered millions for injury victims.
No Upfront Costs: We handle negligent security cases on a contingency fee basis. You pay nothing unless we recover compensation for you.
Personal Attention: You’ll work directly with an experienced attorney who knows Dallas premises liability law. We keep you informed throughout the process and answer your questions promptly.
Full Damage Recovery: We document all your losses, including future medical care, lost earning capacity, and psychological trauma. Our goal is full compensation for every way the attack has affected your life.
If you were injured in a crime on unsafe property in Dallas, call us today at (214) 903-4000 for a free consultation. We’ll review your case, explain your options, and help you understand what to expect.
Related Personal Injury Claims
Negligent security claims are one type of premises liability case. Property owners can also be held liable for other failures that cause injuries:
Slip and fall accidents occur when property owners fail to maintain safe walking surfaces or warn visitors about hazards.
Premises liability encompasses all injuries caused by unsafe property conditions, including structural defects, inadequate maintenance, and failure to warn of dangers.
Dog bite cases hold property owners and dog owners liable when dangerous animals attack visitors.
Texas negligent security lawyers handle cases throughout the state involving inadequate security measures.
Dallas personal injury lawyers represent victims of all types of accidents and injuries caused by negligence.
Frequently Asked Questions
Can I sue if I was attacked in a parking lot?
Yes. If the property owner knew or should have known about the risk of crime in the parking lot and failed to provide adequate security measures like proper lighting, surveillance cameras, or security patrols, they can be held liable for your injuries. We evaluate the crime history in the area, previous incidents at that location, and the security measures in place.
What if the person who attacked me was never caught?
You can still pursue a negligent security claim against the property owner even if the criminal was never identified or arrested. Your claim is against the property owner for failing to provide adequate security, not against the person who attacked you. The criminal case and civil case are separate proceedings.
How much is my negligent security case worth?
The value depends on the severity of your injuries, your medical expenses, lost wages, and the extent of emotional trauma you suffered. Cases involving serious physical injuries or lasting psychological harm typically result in higher settlements. We evaluate every aspect of how the attack has affected your life to determine the full value of your claim. Factors include whether you require ongoing medical treatment, if you developed PTSD or other mental health conditions, and whether you can return to your previous employment.
Will I have to go to court?
Most negligent security cases settle before trial. Property owners and their insurance companies often prefer to settle rather than risk a jury verdict. However, we prepare every case for trial and are ready to go to court if that’s what it takes to get you fair compensation. Having experienced trial lawyers often motivates insurance companies to make reasonable settlement offers.
How long do I have to file a claim?
Texas law gives you two years from the date of injury to file a lawsuit. This deadline is absolute in most cases. However, gathering evidence and building a strong case takes time, so you should contact a lawyer as soon as possible after the incident. The sooner we begin investigating, the more evidence we can preserve.
Contact Our Dallas Negligent Security Lawyers Today
Being attacked or injured on someone else’s property is traumatic. You deserve justice and fair compensation for what you’ve been through. The Dallas personal injury lawyers at Varghese Summersett have the experience and resources to hold negligent property owners accountable.
Don’t let property owners escape responsibility for putting you in danger. Call (214) 903-4000 now for a free consultation about your negligent security claim. We’ll review your case, answer your questions, and explain your legal options. There’s no obligation and no upfront cost.
Our Dallas negligent security lawyers are ready to help you get the compensation you deserve. Past results do not guarantee future outcomes, but we bring decades of trial experience and a track record of success to every case we handle.
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