Houston Apartment Negligent Security Lawyer
When you rent an apartment in Houston, you have the right as a renter to feel like your life is in safe hands the moment you enter the complex. You should feel reasonably safe to walk around the complex, visit the gym, check your mailbox, or take out your trash. Unfortunately, many apartment owners fail to ensure the premises have adequate security, resulting in crimes such as robberies, sexual assaults, and shootings.
When apartment owners or property managers neglect to take reasonable measures against a known security danger, those who are injured on the premises may have cause to pursue a negligent security claim under Texas law.
Sneed & Mitchell LLP is a top-rated law firm in Houston, Texas, specializing in premises liability and negligent security cases and handling claims involving shootings, break-ins, sexual assaults, and other criminal actions. We handle every case on a contingency fee basis. Our Negligent Security attorneys have over 70 years of combined experience, along with the resources, security experts, medical professionals, and trial experience required to pursue the justice and compensation you deserve.
Sneed and Mitchell LLP Address: 2525 Robinhood St, Ste 1100, Houston, TX 77005
Sneed & Mitchell LLP Specializes in Negligent Security Cases
Sneed & Mitchell LLP is a high-stakes personal injury firm specializing in negligent security and wrongful death cases throughout Houston, Texas. Our firm is uniquely designed to maximize compensation for victims harmed by inadequate security.
Security Investigation Experts. We investigate inadequate lighting, broken locks, missing security cameras, insufficient security personnel, and failures to address known criminal activity that contribute to preventable assaults and violent crimes.
Premises Liability Experts. We work with security consultants, investigators, and other experts to evaluate property security measures, identify foreseeable risks, and determine whether reasonable precautions could have prevented the incident.
Leading Negligent Security Experts. Our lawyers work with security specialists, investigators, and other experts to establish how negligent security contributed to an assault, shooting, robbery, or other violent incident and who is responsible.
Lifetime Compensation Focus. Catastrophic injuries caused by negligent security can affect a person's health, independence, career, and finances for life. We develop claims for future medical expenses, lost earning capacity, long-term care, and other lifetime losses.
Proven High-Stakes Results. Our attorneys, including Brit Mitchell and Niles Sneed, have secured eight-figure recoveries and more than $200 million in settlements and verdicts for injured clients.
No Fee Unless We Win. We handle all cases on contingency, so you pay no attorney's fees unless we successfully recover compensation for you.
Negligent security cases require more than proving that a violent crime occurred. We build each case around foreseeability, security failures, property owner liability, and how the incident may affect our client's medical needs, independence, and quality of life for years to come.
Can You Sue a Houston Apartment Complex for Negligent Security?
Yes, you can sue an apartment complex in Houston if insufficient security contributed to an attack that resulted in your injury.
Just because a crime is committed on a Texas apartment owner’s property doesn’t mean the owner is automatically held legally responsible for it. In order for a negligent security claim to be valid, there must be evidence that shows there was a legal obligation, a breach of that obligation, causation, and damages. Multiple parties may be partially liable for a negligent security accident, including the criminal who initiated the attack, the apartment owner, management, and even the security company responsible for making and distributing the security devices for the complex.
A common example of negligent security is a broken or malfunctioning gate that allows unauthorized individuals to enter an apartment complex. If residents have repeatedly reported the issue and management ignores those reports, the property owner may be held partially liable if an intruder later enters the premises and assaults a resident. However, the circumstances of the attack will ultimately determine who all is liable.
Other situations that may require further investigation include:
Low lighting near sidewalks or other walkways
Broken exterior locks or doors that permit unauthorized access
Malfunctioning or broken cameras that are neglected
Recurrent assaults or theft in apartment parking lots
Damaged security equipment that is not maintained or fixed despite reports made
Records of sexual or physical assaults that go ignored
Even if a security issue exists, there must be evidence linking that issue to the incident and showing how it contributed to an individual’s injuries. This is why it’s important to work with an experienced attorney, because they can investigate the accident, gather evidence such as the property’s history, and determine whether the evidence constitutes a lawsuit.
Texas Court Decisions Affecting Negligent Security Litigation
The courts of Texas have managed and resolved negligent security cases in the past pertaining to apartment complexes and other properties. If you or someone you know has experienced an attack or injury on someone else’s property and are searching for answers as to who may be liable, the following court rulings may offer helpful insight.
Timberwalk Apartments, Partners, Inc. v. Cain
In the case of Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998), a Houston tenant was sexually assaulted in her residence and pursued a lawsuit against the complex owner and management company. She claimed that the defendants neglected to secure the premises properly, resulting in an intruder’s access to the property and her. She alleged that there were issues with the gates, Charlie bars, alarm systems, pin locks, lighting, security guards, and surveillance.
The Texas Supreme Court stated that, in order to determine whether a criminal act is foreseeable, it must examine previous criminal incidents, including how recently and frequently they happened, how close they were to the location, how similar they were to the incident in question, and whether they were publicly known.
A court decision cannot be made simply by observing the crime that was committed, but by also looking at how much knowledge the property owner had about the safety of the complex before the crime occurred. To see more details about this case and what decision was ultimately made, read the Timberwalk Apartments v. Cain decision.
Trammell Crow Central Texas, Ltd. v. Gutierrez
In the case of Trammell Crow Central Texas, Ltd. v. Gutierrez, 267 S.W.3d 9 (Tex. 2008), a Texas resident was fatally shot while exiting a movie theater within a shopping center, prompting the mother of the victim to pursue a lawsuit against the property manager. Despite this not being an apartment complex case, it is still relevant to Texas negligent security law because it highlights how foreseeability is essential to this kind of claim.
This ruling emphasizes that previous criminal incidents must be assessed based on the specific circumstances, rather than expecting property owners to predict every potential crime solely because criminal activity has occurred nearby.
What These Cases Mean for Houston Apartment Injury Claims
These court rulings demonstrate that the circumstances and factual evidence surrounding an apartment injury claim are actually what determine the outcome. Unfortunately, even with security measures put in place, criminal attacks can still happen on complex property. Knowing whether a property or management owner is at fault for an attack can be tricky, especially since previous crimes do not automatically establish liability. Evidence and expert opinions must be gathered first in order to determine whether a viable claim exists, which is best done by an experienced attorney.
How Texas Law Determines Whether an Apartment Complex Is Liable for a Criminal Attack
When it comes to determining negligence in an apartment complex attack, Texas courts analyze whether there was a duty to be upheld by the property owner, if that owner breached that duty, if the actions of breaching directly caused the attack, and if the damages are legally recoverable. The criminal attack must have been reasonably foreseeable, meaning the circumstances must have been apparent enough to have alerted the property owner to the potential danger and the need for appropriate security measures.
The Property Owner’s Duty of Care
All apartment owners have a certain set of rules and safety precautions that they must follow to ensure their property is generally safe for residents and visitors. These legal requirements fall under the title of “Duty of Care.”
For example, an owner may be responsible for taking care of shared spaces such as gyms, sidewalks, or swimming pools, and ensuring that access gates and other areas are maintained. On the other hand, a contractor or management company may hold responsibility for other aspects of the apartment property, like the construction of a building on the premises or the enforcement of building regulations.
The existence and range of a duty of care depends on the law and facts at hand.
Foreseeability of Criminal Activity
Foreseeability of a criminal activity can be defined as the predictability of the activity due to the circumstances. Oftentimes, courts ask these kinds of questions:
Proximity: Were previous criminal incidents close to the complex or area of the attack, and if so, exactly how close were they?
Recency: How recent were those previous incidents?
Frequency: Did the incidents happen frequently?
Similarity: How closely did earlier incidents resemble the incident being investigated?
Publicity: Did the apartment owner or property manager have knowledge of these incidents, and if so, how much knowledge did they have?
These questions, commonly known as the Timberwalk factors, provide a neat framework for assessing evidence of previous criminal activity. However, it’s important to note that Texas courts weigh all of the relevant facts and circumstances about the incident, not just this set of criteria.
Failure to Exercise Reasonable Care
Regardless of whether a risk is established as foreseeable, a claimant must also be able to prove that the defendant failed to exercise reasonable care. In this context, reasonable refers to the safety precautions a person of rational sound mind would take under similar circumstances to prevent foreseeable harm.
It is important to note that the absence of a specific security measure does not, by itself, establish negligence. The defendant must have been aware of an ongoing safety hazard and failed to exercise reasonable care to fix the problem.
Causation and Damages
The neglected safety hazard must also have caused or contributed to the accident and resulting injuries. This is known as causation; the injury would not have happened but for the defendant’s actions of neglect. This means that if other circumstances could have caused the injury besides the defendant’s actions, the defendant may not bear sole responsibility for the harm suffered.
For example, if an intruder enters through a resident’s door that has a malfunctioning lock and attacks them, the condition of the lock may be important. Regardless of this, additional evidence must be gathered in order to verify whether the apartment owner knew about the broken lock and if the lock caused the resident’s injuries.
The injuries must also be able to be compensated with legally recoverable damages, which may include lost income, medical bills, pain and suffering, and other casualties.
What Types of Apartment Security Failures Can Lead to a Lawsuit?
Each apartment complex is unique in its security systems, risk management, and layout, so the answer depends on the circumstances surrounding the injury. However, the most common types of apartment security failures that lead to a lawsuit include:
Broken Gates and Access-Control Systems
Damaged or malfunctioning gates can allow individuals who aren’t residents to access the complex property. This may also occur when keyless entry systems, such as remote-controlled gates or keypad locks, fail to function properly.
It is the job of the apartment owner or management team to repair broken gates or access-control systems after they are notified about it, especially if they have received multiple complaints from residents. If an attack happens that involves unauthorized entry, the records of those complaints may become relevant.
During a negligent security case, the attorney of the claimant may work with an investigator to examine the repair records and requests, security accounts, maintenance records, and other communications regarding the gate and control system’s conditions.
Poor Lighting in Parking Lots and Walkways
Poor lighting in parking lots, sidewalks, stairwells, and other common areas of an apartment complex can make it difficult for residents to see properly. This reduced visibility can make it challenging to spot tripping hazards and recognize unfamiliar people or vehicles entering the complex.
An investigation may look into whether management was notified of inadequate lighting, how long the problem went unaddressed, and whether the poor visibility played a role in the incident.
It’s important to note that poor lighting does not immediately establish that negligence was at play, but it can provide evidence that is helpful to a negligent security case.
Broken Locks and Unsecured Entrances
Locks, windows, doors, and pedestrian gates that are broken or defective can allow those who are not residents into the complex. The kind of evidence that an investigator may look for may include maintenance logs, repair orders, resident complaints, and the steps management took to address previously reported safety issues.
Inadequate Security Staffing or Patrols
Some apartment complexes hire security officers, on-site patrol services, and additional security staff to monitor the premises to ensure no crime goes unseen. However, if security personnel failed to follow established protocols or neglected their duties due to distraction or inattention, their actions may warrant further investigation.
The state of Texas does not generally require apartment complexes to hire security personnel. However, if security staff were on duty when the accident happened, an investigation may examine whether they fulfilled their responsibilities.
Defective or Inadequately Maintained Surveillance Systems
Surveillance systems such as indoor and outdoor cameras, video intercoms at entry gates, and smart doorbells can help track the faces and whereabouts of individuals inside the premises. However, if these systems are poorly maintained or malfunctioning, they may produce blurry footage, distorted images, or unclear audio, making it difficult to determine what occurred during the incident. Poorly maintained cameras can also increase the risk of criminal activity, particularly if they fail to alert security staff or property management to potential threats.
Investigators may examine whether surveillance systems were operating, whether applicable areas were visible, and whether footage was intact and preserved after the incident. However, the existence of this kind of equipment does not by itself establish negligence or liability.
Compensation In Negligent Security Cases
There are multiple types of compensation available for victims of negligent security injuries, including reimbursement for economic and non-economic losses. An economic loss is a quantifiable financial loss that a person experiences after their personal injury. The emotional and physical pain that a victim of a negligent security case may endure is known as a non-economic loss. Both of these expenses can quickly accumulate as claimants seek medical care, undergo treatment, and plan for their future health needs.
The types of compensation available for victims of a negligent security case may include:
Medical bills
Lost income
Pain and suffering
Diminished earning capacity
Loss of enjoyment of life
Future medical treatment
Loss of companionship
In rare cases, victims of negligent security cases can obtain compensation for punitive damages, which are intended to punish the defendant for their negligence rather than provide a financial reward to the claimant.
If you or someone you know has suffered an injury due to negligent security and is seeking compensation for those damages, contact Sneed and Mitchell’s injury team at 866-434-0014 for a free case evaluation.
How Do You Prove Negligent Security in a Houston Apartment Injury Case?
To prove a negligent security case in Houston, an injured claimant must present evidence to the court that establishes the four elements of negligence against the defendant. Simply proving that an attack or crime occurred on complex property is not enough to substantiate a case. The criminal act must have been reasonably foreseeable, meaning the property owner or management should have been able to recognize the potential danger and take appropriate security measures to help prevent it.
Gathering enough evidence to prove a negligent security case can be difficult, which is why it’s best to work with an experienced attorney who can use their legal knowledge and expert connections to determine whether the evidence meets the requirements for establishing liability. Attorneys often investigate prior incident reports, documented resident complaints, security logs, maintenance records, work orders, and police reports to assess whether the criminal activity was reasonably foreseeable. They may also collect surveillance footage and photographs showing the condition of the apartment complex’s gates, lighting, security systems, and walkways before or at the time of the incident.
The goal of collecting this evidence is to assess whether the property owner or management knew about existing security hazards and whether they failed to take the right action. If that failure led to or directly caused the claimant’s injuries, they may be held liable for them. This is why attorneys examine records that show when a hazardous condition first developed and how long it remained unaddressed.
How Long Do You Have to File a Texas Apartment Negligent Security Lawsuit?
An injured person in Texas typically has two years from the date of their injury to file a negligent security lawsuit according to Section 16.003 of the Texas Civil Practice and Remedies Code. If a claimant’s injuries result in their death, Texas law generally grants a two-year time period to the person filing the lawsuit on the claimant’s behalf. The applicable deadline can vary depending on the circumstances, including cases involving victims who were minors when the incident occurred.
Contact a Houston Apartment Negligent Security Lawyer
At Sneed & Mitchell LLP, our attorneys investigate negligent security incidents at Houston apartment complexes to identify the circumstances that led to the incident and determine who may be held responsible. We work to secure critical evidence, including surveillance footage, maintenance records, witness statements, and reports of previous incidents, to help establish liability. When necessary, we also consult with qualified experts to analyze the evidence and strengthen our understanding of the case.
Sneed & Mitchell LLP is committed to helping injured Houston residents pursue compensation for damages caused by negligent security. Conveniently located in Rice Village, our Houston office is available 24/7 for individuals seeking a free consultation or legal representation. Call our team at 866-434-0014 to discuss your situation and learn more about your legal options at no cost.
