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Negligent security is a type of premises liability violation where a property owner is held liable for the criminal conduct of a third party. Property owners generally have no duty to protect against other’s criminality, but the law of negligent security creates an exception in certain circumstances. If you were assaulted or otherwise harmed by someone while on another’s property, you should speak to an attorney. A Sugar Land negligent security lawyer could assess your case and advise whether you have a right to compensation.
Negligent security cases usually arise when a property owner knew—or should have known—of past criminal conduct and did nothing, or too little, to address it, resulting in someone sustaining harm. The Supreme Court of Texas provides these factors to determine if the criminal activity was foreseeable:
With respect to the last point, the property owner does not need to inspect criminal records. But if a crime was widely publicized, the owner is assumed to have been aware of it, regardless of whether they actually were.
While negligent security cases usually involve knowledge of past criminal behavior, the required knowledge and foreseeability of injury can arise in the moment. For example, a bar may be held liable if an innocent bystander is injured in a brawl where the brawl was clearly brewing over the course of 90 minutes. Because there are so many unique factors to consider in a negligent security claim, working with a trusted Sugar Land attorney is the best way to determine whether there are grounds to take legal action, and if so, who should be held liable.
When liability is established, the injured person is entitled to economic and noneconomic damages. Economic damages are those with specific dollar amounts, such as medical bills, lost wages, and out-of-pocket expenses. Noneconomic damages compensate for the intangible effects of an injury, such as physical pain and suffering, mental anguish, and inconvenience or disfigurement. Any damage award will be subject to the modified comparative negligence rules in Texas.
Comparative negligence reduces an injured person’s recovery according to their percentage of fault, if any. In modified comparative negligence, recovery is barred entirely if the injured person is more than 50 percent responsible for their own injuries. This can create harsh results, but a negligent security lawyer in Sugar Land could fight against any argument assigning blame to the injured person and present evidence to support negligence on behalf of the property owner.
If you were subjected to an assault or other form of criminal act due to inadequate safety measures, you are likely recovering from both physical injury and the pain of a traumatic event. To know that such an incident could have been avoided by another person’s diligence can only compound the pain. While you focus on making a complete recovery, let a Sugar Land negligent security lawyer handle the legal aspects of your situation. Call Lone Star Injury Attorneys today for an initial consultation.
Lone Star Injury Attorneys, PLLC
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