When visiting a commercial property in Houston, such as a shopping center, parking garage, or apartment complex, there is a reasonable expectation of safety. Property owners have a legal obligation, known as “premises liability,” to implement reasonable security measures to protect visitors from foreseeable criminal acts. When they fail in this duty, and someone gets hurt as a result, it may be grounds for a negligent security claim. At Salazar &Velazquez, P.C., we understand the complexities of personal injury law and are here to help clients navigate these difficult situations.
Understanding “Reasonable Security Measures”
Reasonable security can mean different things depending on the property. It often includes tangible measures like adequate lighting in parking lots and walkways, functional locks on doors and windows, and secure fencing. For some businesses, it might also involve installing surveillance cameras or hiring security personnel, especially if the property is in an area with a known history of criminal activity. The key is determining what a reasonable property owner should have done under the specific circumstances to prevent harm to visitors.
The Concept of “Foreseeability” in Texas Law
For a negligent security claim to be viable, the criminal act must have been “foreseeable.” This doesn’t mean the owner had to know the exact crime was going to happen. Instead, foreseeability is often established by showing a pattern of similar criminal incidents on or near the property. If an apartment complex, for example, has experienced multiple break-ins or assaults, the owner may be on notice that their security is inadequate and that future crimes are a distinct possibility, compelling them to take action.
Proving a Link Between Negligence and Injury
It is not enough to show that a property had poor security and that you were injured. Texas personal injury law requires us to demonstrate a direct link—or causation—between the owner’s negligence and the incident. We must gather evidence to show that the failure to provide adequate security (like a broken gate or missing security guard) was a significant factor that allowed the criminal act to occur. This often involves a detailed investigation of the property and the circumstances surrounding the event.
Types of Injuries in Negligent Security Cases
The injuries resulting from a lapse in security can be severe and life-altering. While many think of physical injuries sustained during an assault or robbery, the trauma extends much further. Victims often face significant emotional and psychological distress, including anxiety, PTSD, and depression, which can require long-term therapy. Our team approaches these cases with compassion, recognizing that the non-economic damages—the pain and suffering—are just as real as the physical and financial losses you may have incurred.
Common Locations for Negligent Security Claims
These types of personal injury claims can arise from incidents at various locations. We often investigate cases occurring at apartment and condominium complexes, where residents may be harmed due to faulty locks or poor lighting. Other common sites include hotels and motels, parking garages, shopping malls, gas stations, and entertainment venues like bars or nightclubs. Any location that invites the public onto its premises has a duty to consider the safety of its patrons from potential criminal threats.
How a Personal Injury Attorney Can Help
Navigating the aftermath of an injury on someone else’s property can be incredibly overwhelming. A personal injury attorney can help by immediately moving to preserve critical evidence, such as surveillance footage that may be erased or incident reports. An attorney can also help establish the history of crime at the location to build the case for foreseeability. They will handle communications with property owners and their insurance companies, allowing you to focus on your recovery while they work to protect your legal rights.
Understanding your rights under Texas personal injury law is the first step toward seeking justice. If you or a loved one has been injured due to inadequate security, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. These cases are complex, but you do not have to face them alone. Our team at Salazar & Velazquez, P.C. has the experience to investigate your claim and advocate on your behalf. We encourage you to contact our Houston law firm for a free consultation to discuss your case and learn more about your potential options.