Houston Negligent Security Lawyer

Houston Personal Injury Lawyers. Power Up.

Free Consultation

Houston Negligent Security Lawyer

When someone is attacked, robbed, or assaulted on another person’s property in Houston, the first question most people ask is: “Who is responsible?” The answer may surprise you. Texas law holds property owners accountable when they fail to provide reasonable security and that failure allows a crime to happen. If you or someone you love was hurt on a poorly secured property, a Houston negligent security lawyer at Gustin Law Firm, with its principal office in Houston, Texas, can help you fight for the compensation you deserve. This content is provided by attorney Gustin Law Firm for informational purposes. Contact us at (713) 491-4792 to speak with a personal injury lawyer about your case today.

Table of Contents

What Is Negligent Security in Texas?

Negligent security is a type of premises liability claim. It holds property owners responsible when their failure to provide reasonable safety measures allows a crime to occur on their property. Think about a dark parking garage near the Galleria, an apartment complex in Midtown with broken entry gate locks, or a hotel along the I-10 corridor with no working security cameras. When someone is robbed, assaulted, or sexually attacked in those locations, the property owner may bear legal responsibility.

Under Texas premises liability law, property owners owe a duty of care to lawful visitors, which includes customers, tenants, and guests. The Texas Supreme Court addressed this directly in Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998), establishing that a person who controls premises has a duty to use ordinary care to protect invitees from criminal acts of third parties if that person knows or has reason to know of an unreasonable and foreseeable risk of harm. That case remains the foundation for negligent security claims in Texas today.

Foreseeability is the central issue in these cases. Texas courts look at four key factors: how close prior crimes occurred to the property, how recently and frequently those crimes happened, how similar those crimes were to the one that injured you, and how much public attention those crimes received. A property owner who ignored repeated incidents near their premises cannot claim they had no warning. The law does not allow that defense.

It is also worth noting what negligent security is not. Under Texas Civil Practice and Remedies Code Section 41.005, courts generally cannot award punitive damages against a defendant solely because of a third party’s criminal act. However, exceptions exist, including when the criminal act resulted from the owner’s intentional or knowing violation of a statutory duty under property law. Our team at Gustin Law Firm reviews every angle of your case to identify every source of liability.

Where Do Negligent Security Incidents Happen in Houston?

Houston is the fourth-largest city in the United States, covering more than 670 square miles. According to 2024 FBI crime data, Houston recorded approximately 26,628 violent crimes in a single year. That volume of crime touches virtually every corner of the city, from the Energy Corridor to Third Ward, from Greenspoint to the East End. When property owners in those areas fail to take reasonable precautions, innocent people pay the price.

Negligent security incidents happen across a wide range of property types. Apartment complexes are among the most common locations, particularly in high-density areas near the 610 Loop, Westheimer, and Bissonnet. Retail parking lots, including those near Westheimer shopping centers and the Meyerland area, are frequent sites of robberies and carjackings. Hotels along the I-45 and I-10 corridors have seen guest assaults tied to poor lighting and absent security personnel. Convenience stores in areas like Acres Homes and Sunnyside, bars and nightclubs in Midtown and Montrose, and even apartment common areas in the Heights have all been the scenes of violent crimes that may have been preventable.

The types of crimes that give rise to negligent security claims include physical assaults, sexual assaults, armed robberies, stabbings, and shootings. These are not random acts that no one could anticipate. They are often predictable outcomes of a property owner’s decision to skip security guards, ignore broken locks, leave parking lots unlit, or fail to repair non-functioning surveillance cameras. Victims of these crimes often suffer traumatic brain injuries, spinal cord damage, and other life-altering physical harm, in addition to severe emotional trauma.

Property owners and managers in Houston know the city’s crime environment. Choosing to do nothing about foreseeable risks is a choice that Texas law recognizes as negligence. If you were hurt on someone else’s property, Gustin Law Firm wants to hear your story. Call us at (713) 491-4792.

How Texas Law Defines a Property Owner’s Duty to Protect You

Texas law classifies visitors to a property into three groups: invitees, licensees, and trespassers. Your legal status at the time of the incident directly affects the duty of care the property owner owed you. Invitees, meaning people who enter a property for business purposes or with the owner’s express or implied invitation, receive the highest level of protection. A shopper at a strip mall, a tenant at an apartment complex, or a guest at a hotel are all invitees. Property owners owe invitees a duty to inspect the premises, identify dangers, and correct or warn about those dangers.

Under Texas Civil Practice and Remedies Code Section 75.007, trespassers generally receive no duty of care from a landowner, except that owners must refrain from injuring trespassers willfully, wantonly, or through gross negligence. This matters in negligent security cases because if you were on the property lawfully, the full weight of Texas premises liability law protects you.

For a negligent security claim to succeed, four elements must be proven. First, the property owner owed you a duty of care. Second, the owner breached that duty by failing to provide reasonable security measures. Third, that breach was the direct cause of your injury. Fourth, you suffered real, compensable damages as a result. Evidence used to establish these elements includes police reports showing prior crimes at the location, maintenance records for security equipment, incident logs, surveillance footage, and testimony from security professionals.

Texas law also recognizes that foreseeability must be assessed from what the owner knew or should have known before the crime happened, not after the fact. A landlord who received complaints about strangers entering the building cannot claim the eventual assault was unforeseeable. Courts look at the full picture of what the owner knew and what a reasonable owner would have done in response.

What Compensation Can You Recover in a Negligent Security Case?

Victims of negligent security incidents in Houston often face serious, long-term consequences. Medical bills pile up quickly after an assault or shooting. Lost wages follow when injuries prevent you from returning to work. The emotional toll of surviving a violent crime can be just as devastating as the physical injuries. Texas law allows injured victims to pursue compensation for all of these losses.

Recoverable damages in a negligent security case typically include past and future medical expenses, lost income and reduced earning capacity, physical pain and suffering, emotional distress, and costs related to ongoing rehabilitation or therapy. In cases involving a fatality, the surviving family members may pursue a wrongful death claim under Texas Civil Practice and Remedies Code Section 71.002, which allows recovery for damages arising from a wrongful act, neglect, or carelessness that caused a loved one’s death.

The value of your case depends on the severity of your injuries, the strength of the evidence connecting the owner’s negligence to your harm, and the financial resources of the responsible parties. Property owners often carry commercial general liability insurance, and apartment complexes and hotel chains may have significant policy limits. Gustin Law Firm has recovered more than $50 million for injured clients across Texas, with attorney’s fees and litigation expenses deducted from gross recovery amounts as disclosed in individual fee agreements. Past results do not guarantee a similar outcome in your case, as every situation involves unique facts and circumstances.

Gustin Law Firm handles negligent security cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you. Court costs and other litigation expenses are addressed in your individual fee agreement. Call (713) 491-4792 to learn how we can help you pursue the full value of your claim.

Steps to Take After a Negligent Security Incident in Houston

The actions you take in the hours and days after a negligent security incident can significantly affect the strength of your legal claim. Texas premises liability claims, including negligent security cases, are subject to a two-year statute of limitations under Texas Civil Practice and Remedies Code Chapter 16. That means you generally have two years from the date of the incident to file a lawsuit. Missing that deadline almost always means losing your right to recover anything.

But waiting even a few weeks can cost you critical evidence. Surveillance footage at apartment complexes, parking garages near Hermann Park, and retail centers along the Katy Freeway is often overwritten within days. Security logs and incident reports can disappear. Witnesses move or forget details. Acting quickly gives your legal team the best chance to preserve the evidence that proves your case.

Here is what you should do right away. First, call 911 and get a police report filed. Second, seek medical treatment immediately, even if your injuries seem minor at first. Third, photograph the scene, including broken lights, damaged locks, missing cameras, and any other security failures you observe. Fourth, get contact information from any witnesses. Fifth, do not give recorded statements to the property owner’s insurance company before speaking with an attorney.

Gustin Law Firm can send preservation letters to the property owner demanding that all surveillance footage, maintenance records, and incident logs be kept intact. We work with security professionals who can assess what reasonable measures the property should have had in place. We investigate the crime history of the area, pull police call logs for the property, and build the factual record your case needs. If you or someone you love was hurt due to inadequate security at an apartment complex, hotel, parking lot, or any other property in Houston, call Gustin Law Firm at (713) 491-4792 today.

FAQs About Houston Negligent Security Lawyer

Can I sue a property owner if I was attacked by a third party on their property?

Yes, you can. Texas law recognizes that property owners have a duty to protect lawful visitors from foreseeable criminal acts by third parties. If the owner knew or should have known that criminal activity was likely on or near their property and failed to take reasonable precautions, such as installing working lights, functioning locks, or security personnel, they may be held liable for your injuries. The key legal question is whether the crime was foreseeable given the history of criminal activity at or near the location.

What kinds of properties are most commonly involved in negligent security claims in Houston?

Negligent security claims in Houston most often involve apartment complexes, hotels, parking garages, convenience stores, bars and nightclubs, shopping centers, and office buildings. Any property that invites members of the public or houses tenants can be the subject of a negligent security claim if the owner failed to provide reasonable safety measures and that failure contributed to a violent crime. Areas with higher crime rates, including parts of the Greenspoint, Acres Homes, and Third Ward neighborhoods, present heightened obligations for property owners to act.

How long do I have to file a negligent security lawsuit in Texas?

In Texas, you generally have two years from the date of the incident to file a negligent security lawsuit under the state’s statute of limitations. However, you should contact an attorney as soon as possible because evidence, including surveillance footage and incident records, can be lost or destroyed within days of the incident. Waiting too long can seriously weaken your case, even if you technically still have time to file.

What if the property owner says the crime was unforeseeable?

That is one of the most common defenses property owners raise in negligent security cases. Texas courts evaluate foreseeability based on the proximity, recency, frequency, and similarity of prior criminal activity at or near the property. If police call logs, incident reports, or prior complaints show that the property had a history of crime, the owner’s claim of surprise will not hold up. Our team at Gustin Law Firm investigates the full crime history of a property to counter this defense with hard evidence.

Does Gustin Law Firm handle negligent security cases on a contingency fee basis?

Yes. Gustin Law Firm handles negligent security cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. Court costs and other litigation expenses are governed by your individual fee agreement and will be disclosed to you clearly before you sign anything. There is no financial risk to calling us and discussing your case. Reach out to Gustin Law Firm at (713) 491-4792 to schedule your free consultation.

More Resources About Premises Liability & Property-Related Injuries

"Definitely an awesome lawyer"

Charlie Gustin Law & his team worked fast & efficiently, getting me the medical help I needed. Definitely an awesome lawyer, stays on top of everything! Would highly recommend him to anyone in a personal injury case.

— Tanya Craig