Austin Negligent Security Lawyer

If you were assaulted, robbed, or shot at a property where security was broken or ignored, the attacker may not be the only one responsible. A property owner or manager who knew or should have known about the risk and did not take reasonable steps may also have to answer for it. I am a Board Certified Personal Injury Trial Lawyer at the Law Office of Robert House in River Place, Austin, Texas 78730. Call (512) 872-2264.

Who This Page Is For

This page is for people who were hurt in a violent incident at an apartment complex, hotel, parking garage, bar, or business in the Austin area, and for families whose loved one was hurt or killed. Many of you are calling while the criminal case is still open, and some of you are still recovering. You can go at your own pace, and you do not need to share every detail on the first call.

Where These Cases Happen

Negligent security claims can come from incidents at:

• Apartment complexes, including parking areas, breezeways, and gates
• Hotels and motels
• Parking garages and parking lots
• Bars, clubs, and restaurants. If a bar overserved the person who hurt you, see my Austin dram shop lawyer page
• Stores, shopping centers, and gas stations
• Event venues

I also talk with people who were sexually assaulted at a property where security failed.

Security Failures We See

Every property is different, but the same kinds of problems come up again and again:

• Broken gates, doors, or locks that were reported and not fixed
• Dark walkways, stairwells, and parking areas
• Security cameras that were missing, broken, or not monitored
• No security staff, or staff who were not trained or not on duty
• Tenant or guest complaints that management ignored
• Earlier incidents on or near the property with no response

A list like this is a starting point, not a promise. Whether any of these failures supports a claim depends on the facts.

What Has to Be Shown

In general terms, the key questions are usually whether the owner or manager controlled the property, whether the kind of crime was foreseeable from what had happened before, whether reasonable security was missing, and whether that failure contributed to the attack. What happened at the property before your incident, and what management knew about it, often matters a great deal.

Owners Aren’t Responsible for Every Crime

I want to be straight with you. A property owner is not automatically responsible because a crime happened on the property. These cases usually turn on whether the risk was foreseeable and whether reasonable steps were skipped. Some cases are strong, and some are not. I would rather tell you that honestly on the first call than have you find out later.

The Criminal Case and Your Civil Claim

A civil claim against the property is separate from any criminal case. In general, it does not depend on the attacker being caught or convicted. A police report still helps, so keep the report number.

The property’s lawyers may argue that most of the blame belongs to the attacker. How fault is divided between the people and companies involved can affect what you recover, and it is something I look at from the start.

What to Do Now

• Get medical care, and follow up on it, including counseling if you need it.
• Get the police report number.
• Write down what you remember, including lighting, gates, locks, cameras, and anyone who was on duty.
• Keep your lease, emails, texts, and any complaints or repair requests you sent to management.
• If it is safe, take photos of broken gates, lights, or locks.
• Call a lawyer quickly. Video can be erased, and a lawyer can send a request to preserve it.
• Do not give a recorded statement to the property’s insurance company. See my post on why the insurance adjuster’s first call isn’t about helping you.

If the property’s insurer has already said no, see can insurance deny my claim in Texas.

What You Can Recover

Depending on the facts, a negligent security claim can seek compensation for medical bills, counseling and therapy, lost income, physical pain, and mental anguish. If an attack caused a head injury, see my Austin traumatic brain injury lawyer page. If a loved one was killed, see my wrongful death lawyer Austin page. None of this is a promise about what a particular case is worth.

Deadlines Are Strict

Texas deadlines are strict. In many cases the general deadline to file a lawsuit is two years, but some are different, and if a government-owned property is involved, written notice can be required much sooner. I explain the general rules on my Texas personal injury statute of limitations page. Please call early.

Negligent Security FAQ

Can I sue my apartment complex if I was attacked there?

Possibly. If management knew or should have known about a danger, like prior crimes, broken gates, or dark parking areas, and did not take reasonable steps, the complex may share responsibility. Each case turns on its facts.

Does the attacker have to be caught or convicted?

Generally, no. The claim against the property is separate from any criminal case. A police report still helps, so get the report number.

What evidence matters most?

Video, records of prior incidents and complaints, maintenance and repair requests for gates, lights, and locks, security staffing records, and your lease. Video can be erased, so move quickly.

Is a bar responsible if I was attacked by a drunk customer?

It can be, either for security failures or, in some cases, for overserving the person who attacked you. See my Austin dram shop lawyer page.

How long do I have?

Texas deadlines are strict, and some can be shorter, for example if a government property is involved. Call early. See Texas personal injury statute of limitations.

Why Work With a Board Certified Trial Lawyer

I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a certification I have held since 2017. You work with me directly from River Place in Austin. If you were hurt by a fall rather than an attack, see my Austin slip and fall lawyer page. Free consultation. No fee unless we recover for you. You can call or contact me online.

Law Office of Robert House, PLLC, River Place, Austin, Texas 78730. Call (512) 872-2264.