{"id":2051,"date":"2023-05-16T19:04:16","date_gmt":"2023-05-16T19:04:16","guid":{"rendered":"https:\/\/wolflawpllc.com\/?p=2051"},"modified":"2023-12-28T20:59:16","modified_gmt":"2023-12-28T20:59:16","slug":"negligent-security-lawsuits","status":"publish","type":"post","link":"https:\/\/wolflawpllc.com\/blog\/premises-liability\/negligent-security-lawsuits\/","title":{"rendered":"Negligent Security Lawsuits in Texas Explained"},"content":{"rendered":"

Every day, people find themselves in rough situations facing an assailant preparing to attack them. Local law enforcement officials’ role is to solve criminal wrongdoing and apprehend criminal assailants. However, who is held responsible for preventing or deterring such conduct?<\/p>\n

Even though an attacker can be held criminally liable for their actions, that fact does not alleviate the harm suffered by their victim. Often, those facing criminal punishment for any number of violent acts are unphased by the threat of civil penalties by their victim. Thus, many victims may pursue other means of compensation \u2013 often from the owner of the property where the negligent security incident occurred.<\/p>\n

What is Inadequate Security, and How is it an Actionable Claim?<\/h2>\n

In an inadequate security action, the victim of a violent attack seeks compensation from the owner and\/or controller of the property where the violent attack occurred. Under this particular negligence theory, the owner and\/or controller of the property was in the best position to prevent the crime from taking place and failed to address it. Of course, not every criminal act can be prevented, and not every owner\/controller of property is liable, but failure to address security concerns can heighten an entity\u2019s liability. In addition to attacks, inadequate security can lead to damaging and sometimes fatal crowd surges<\/a>.<\/p>\n

An Inadequate Security Example<\/h2>\n

Many major cities and suburbs across Texas have multi-layered, covered parking lots. Many parking lot operators ensure their facilities are secured by installing adequate lighting, hiring round-the-clock security, and installing coded entry points. However, what if a parking facility did not provide these services?<\/p>\n

A person walks to their car late on a business day, after regular business hours. The person was then attacked by an assailant that hopped over a short fence surrounding the parking lot, entered the facility undetected, and stalked the victim. The facility was poorly lit, with no security guards or surveillance cameras. Would the victim have an actionable claim against the facility? Possibly, yes.<\/p>\n

How Property Owners Should Address Inadequate Security<\/h2>\n

Owners and controllers of private property that allow free or generally unrestricted access to the public should adhere to specific security standards to ensure the safe patronage of their facilities. Appropriate forms of security can include:<\/p>\n