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Examples of Negligent Security and the Potential Harm

By Dallas Personal Injury Attorney on April 30, 2024

Texas law requires property owners to take reasonable steps to secure their premises against foreseeable crimes. Victims of negligent security in Texas have the right to seek compensation for injuries and losses. This legal recourse may include money to cover medical expenses, lost wages, pain and suffering, and more.

Under premises liability, if a crime occurs due to a lack of security, the property owner may be liable. Foreseeability is a key factor. If previous crimes have occurred on or near the property, or if a property is located in a high-crime area, the owner is expected to implement security measures to protect lawful visitors from harm.

What Is Negligent Security?

Negligent security is a legal concept where property owners fail to provide reasonable security measures, leading to harm. If they fail to do so and someone gets hurt, the law considers this inaction a breach of their duty to provide a safe environment. Some common signs of negligent security include the following:

• Security Personnel: The absence or insufficient number of security personnel in areas that are known to require monitoring is a major cause of negligent security.
• Training: Another serious issue is inadequate security staff training, which may result in ineffective responses to security breaches.
• Surveillance: Broken cameras or other malfunctioning surveillance equipment also fall under negligent security, as they fail to deter or record criminal activity.
• Locks: Unlocked doors or gates that allow unauthorized access to buildings or properties can also lead to serious incidents.

Delayed responses, inadequate employee background checks, and refusal to address prior incidents are also factors that highlight situations where landlords and business owners fail to take adequate measures to protect visitors and residents from harm.

How Innocent People Are Harmed by Negligent Security

Texas law holds property owners accountable for not taking reasonable security measures. Fortunately, victims have the legal right to seek compensation for physical injuries, mental anguish, and emotional distress caused by violent crimes resulting from negligent security. Punitive damages may also be available in cases where the negligence is particularly bad.

Negligent security is responsible for several types of violent crimes, including:

• Rape
• Robbery
• Sexual assault
• Stabbings
• Property crimes
• Muggings
• Shootings
• Assault and battery
• Murder

Victims of violent crime are often forced to live with the painful effects of injuries caused by negligent security for the rest of their lives. This may include physical disabilities, chronic pain, PTSD, anxiety, panic attacks, problems with relationships, depression, and a host of additional negative consequences.

What Should Property Owners Do to Protect People?

In Texas, property owners and employers are required to screen their staff adequately, especially when their roles involve security responsibilities. Conducting thorough background checks on all new hires is a key component in preventing injuries caused by negligent security.

The occurrence of repeat offenses and the escalation of violence are significant problems. When property owners fail to address and rectify security breaches, it can create an environment where offenders feel emboldened to repeat their actions, potentially with increasing severity.

• A pattern of inadequate responses to security issues can establish a legal basis for holding property owners accountable for not taking the necessary steps to deter future crimes.
• The escalation of violence in subsequent incidents can also lead to more serious injuries or greater loss, and this can also strengthen your personal injury claim.
• The failure to address complaints is another crucial factor that can significantly influence the outcome of a negligent security lawsuit.

When tenants or customers report security concerns or incidents, property owners and managers have a duty to look into these issues and resolve them promptly. Ignoring such complaints or failing to take them seriously is clear evidence of a breach of the property owner’s duty to maintain a safe environment.

Premises Liability Lawyers in Dallas Can Help with Your Negligent Security Claim

The Dallas premises liability attorneys at Lenahan Law Firm will conduct a thorough investigation. Then, we’ll file a claim or lawsuit against anyone whose negligent behavior contributed to your injuries.

Our law firm has been featured on Fox, CBS, NBC, and other major news broadcasts, and we have a perfect 10.0 rating from Avvo. Attorney Marc Lenahan also belongs to the exclusive Multi-Million Dollar Advocates Forum.

Call (214) 295-1008 to schedule a FREE case evaluation with one of our lawyers today.