A property owner is not automatically liable just because someone was assaulted on their property. A Texas negligent security claim generally requires proof that the owner or the party in control owed a duty tied to a foreseeable and unreasonable risk of crime, failed to take reasonable precautions, and that this failure helped cause the assault. The attacker's crime is only the starting point. The civil case is about what the property owner knew, what they controlled, and what they did about it.
At Aldous Law, we help Texas assault victims and their families find out whether a property owner, manager, or security company should be held accountable. If you or someone you love was attacked, call (214) 526-5595 to talk with our team.
Separate the Criminal Case From the Civil Property Claim
The attacker's criminal case and a civil claim against a property owner answer different questions.
The criminal case asks whether the assailant committed a crime.
The civil case asks whether the owner or manager of the property failed to exercise reasonable care, so the focus is the premises, what the owner knew, who controlled the property, what security was in place, and what caused the harm.
A civil claim can go forward even if the attacker is never prosecuted, and a conviction doesn't automatically make a property owner liable.
Foreseeability Is Often the Central Texas Negligent-Security Issue
Texas courts generally hold that a property owner has no duty to protect people from the criminal acts of others unless the risk of that crime was both foreseeable and unreasonable. The Texas Supreme Court set out the framework in Timberwalk Apartments, Partners, Inc. v. Cain and refined it in UDR Texas Properties, LLC v. Petrie. Most negligent security cases are won or lost on this question, which is why the investigation starts with the property's crime history.
The Timberwalk Factors Look at More Than Raw Crime Numbers
Courts look at five factors when deciding whether a crime was foreseeable, and each one depends on specific evidence:
- Proximity: whether earlier crimes happened on the property or close by.
- Recency: how recently those crimes occurred.
- Frequency: how often they happened.
- Similarity: how closely the earlier crimes resembled the one that harmed you.
- Publicity: how much attention the earlier crimes received, which bears on whether the owner knew or should have known about them.
Police call records, incident reports, tenant complaints, and the owner's own internal records are often where this proof is found.
A Dangerous Neighborhood Alone Is Not the Whole Test
Crime in the surrounding area can be relevant, but a high-crime neighborhood doesn't by itself prove that a particular property owed a duty. Texas courts look for facts tying the risk to the property, such as prior incidents on or near the premises and what the owner knew about them. A claim built only on the neighborhood's reputation is usually a weak one.
Security Measures Must Be Evaluated Against the Risk the Owner Had Reason to Address
Once a risk is foreseeable, the next question is whether the owner took reasonable steps in response. No single measure is automatically required, and the answer depends on the risk the owner actually faced.
The evidence usually covers locks, gates, access control, lighting, cameras, security guards, patrols, broken entry points, and any earlier warnings from residents or police. A broken gate that was reported and never repaired tells a very different story than a property with a working system and a documented patrol.
Control Over the Property Helps Identify the Proper Defendant
A negligent security claim has to be brought against the party that controlled the conditions that mattered. Depending on the facts, that could be the property owner, a property management company, a security contractor, a business operating on the property, a landlord, or another entity with actual control or contractual security duties. Ownership alone doesn't settle it, so we look at who made decisions about the gates, lighting, cameras, and staffing.
Preserve Evidence Before Cameras, Logs, and Physical Conditions Change
Security evidence disappears quickly, and most of it is in the hands of the property owner. Important evidence includes:
- Incident reports and 911 calls: these capture what happened and what the owner was told.
- Video footage: many camera systems overwrite recordings within days or weeks.
- Access, gate, and lock records: electronic logs can show how the attacker got in.
- Work orders and repair requests: these show whether broken locks, lights, or gates were fixed.
- Security contracts and patrol logs: these show what protection the owner paid for and received.
- Emails and complaints: earlier warnings from residents, employees, or visitors can prove the owner knew about the danger.
- Prior incident records: earlier crimes on or near the property support foreseeability.
- Witness names and scene photos: conditions like broken fencing or dark walkways can be repaired quickly.
- Police records: these can be obtained through the proper process.
If you were hurt, call Aldous Law at (214) 526-5595 so we can send preservation requests before this evidence is lost.
Causation Requires More Than Showing Security Could Have Been Better
It isn't enough to show that a property's security could have been better. You also have to connect the specific failure to how the assault happened.
If the attacker came through a gate that was known to be broken, or struck in a dark stairwell the owner was told to light, that link is clear. If the same attack would likely have happened even with the missing measure, the claim is harder.
Defendants also argue that the attacker's criminal act was a superseding cause, and Texas law treats that argument in a specific way, particularly when the crime was the very risk the owner should have guarded against.
Texas Proportionate Responsibility Can Affect Multi-Party Cases
Chapter 33 of the Texas Civil Practice and Remedies Code allocates percentages of responsibility among the claimant, the defendants, and certain others, including the attacker. A defendant can ask the court to designate other people as responsible third parties, and a jury can assign a large share of fault to the person who committed the assault. Your recovery is reduced by any percentage assigned to you, and you can't recover if you're found more than 50% responsible.
Under Chapter 33, a defendant is generally jointly and severally liable only if its percentage is greater than 50%, and settlements can affect the credits owed to the remaining defendants. These rules make it important to understand how responsibility will be divided before any case strategy is set.
Document the Full Consequences of the Assault
A complete claim looks at everything the assault has cost you. That includes:
- Emergency and ongoing medical care: ambulance, ER treatment, surgery, and rehabilitation.
- Scarring and disability: lasting physical changes and any permanent limits.
- Lost income: time away from work and any reduction in earning capacity.
- Counseling and mental health care: therapy for trauma, anxiety, and PTSD when relevant.
- Future care: treatment you're likely to need down the road.
- Death-related losses: when an assault is fatal, family members may be able to bring a wrongful death claim.
What you can recover depends on the facts, and no result is guaranteed.
Aldous Law Can Investigate the Property's Security History and the Assault
A negligent security case takes real investigation, because the proof about a property's history and its security is rarely handed over. At Aldous Law, we examine foreseeability, who controlled the property, the security evidence, causation, and every party that may be responsible.
We take on the calls and paperwork from insurers so you can focus on healing, and we give you an honest read on where your case stands. Texas generally gives injured people two years from the date of the injury to file under Civil Practice and Remedies Code § 16.003, and the video and records that prove these cases don't last that long, so it's worth acting quickly.
View our case results to learn more about how we have helped other people in your situation. Then, contact Aldous Law at (214) 526-5595 today to have our team review your case.
Texas Negligent Security FAQs
Does a prior crime have to be identical to my assault?
No. Similarity is one of the Timberwalk factors, not a requirement that an earlier crime match yours exactly. Courts look at whether the earlier incidents were similar enough to put the owner on notice of the kind of danger that harmed you, so a pattern of violent crimes, break-ins, or attacks in common areas can matter even if no earlier incident was identical.
Can an apartment complex be liable for a tenant or visitor being attacked?
Yes, in the right circumstances. Liability depends on whether the risk was foreseeable, who controlled the property, the condition and security of the premises, and whether any security failure helped cause the attack. Texas also has separate statutes, including Chapter 92 of the Property Code, that set security-device requirements for residential rental properties, and a violation can be relevant to the case.
What if the attacker was never arrested?
A civil negligent security claim can still move forward, because it focuses on the property owner's duty and conduct rather than on the attacker's conviction. Not knowing who the attacker was can make some parts harder to prove, and a defendant may try to assign a share of responsibility to the unidentified attacker under Chapter 33, which is another reason the security evidence matters.
How quickly should security video be requested?
As soon as possible. Retention periods vary by property and by system, and many cameras overwrite footage within days or weeks, so a written preservation request should go out right away.
