Houston Negligent Security Lawyer

As much as you approach the world with caution and care, you could still become the victim of a crime – even in your own home. If you suffer an injury during the commission of a crime, you might see the perpetrator caught and charged with a crime – but that does not get you compensation for your injuries. Instead, you could seek the help of a Houston negligent security lawyer from Schechter, Shaffer & Harris, LLP to hold someone accountable. Through premises liability law, you could secure damages from the property owner who negligently allowed this to happen.

What is Negligent Security?

A criminal who hurts someone could be “judgment-proof,” without assets or wealth to pay out compensation to a victim. Rather than sue a criminal in civil court for damages, you can look to the person or entity in charge of the place where a crime occurred.

A property owner might have a responsibility to protect the people in that location. Someone with authority over a place might have to take reasonable steps to secure their property and keep customers and visitors safe. For example, a business owner or apartment landlord might need to set up security systems, proper lighting, and emergency signage, among other precautions.

Some businesses and areas might require extra precautions if there is extra risk. Higher-crime areas and businesses with expensive merchandise or cash-focused trade could see a higher level of care for customers and others. Not taking precautions could indicate a negligent security claim against the owner.

A Houston lawyer could determine if a property owner should have had better security to protect against a crime happening. An attorney can evaluate what happened and see if the property owner owed the right responsibility.

Making a Negligent Security Claim

Negligent security claims usually involve negligence, the legal concept of unreasonable behavior causing someone else’s injuries. Negligence requires four elements: duty of care, breach of that duty, causation, and damages.

If a property owner had a duty to you, did not take the right precautions, and that lack of precautions allowed the crime to happen (and cause injury, then you could have a claim against that owner. You also need to show that your injuries count as legal damages, such as medical costs, lost wages, and pain and suffering.

You may also need to keep in mind some rules specific to claims in Texas. First, you need to bring your claim within the statute of limitations, which Texas Code § 16.003 sets at two years from the injury. If you do not bring your claim in time, you could lose your legal right to compensation.

Also, you might need to consider your own actions leading up to the crime that occurred. Although usually victims of crimes do not contribute with their own negligence, Texas Civil Practice & Remedies § 33.012 and 33.001 create a system of assigning fault that can see your compensation decrease by a proportion of your own fault. If somehow you are held to be over 50 percent responsible, you could lose all damages.

With the help of your attorney, you can navigate these rules in order to bring your negligent security claim in Houston. Your lawyer can work with you to get your claim together and filed within the statute of limitations as well as gather evidence necessary to prove the other party’s liability.

Discuss Your Negligent Security Claim with a Houston Attorney

In the aftermath of a violent crime and injuries, you may not know what to do next. The guidance of an experienced Houston negligent security lawyer can help you get through a difficult time.

Our personal injury attorneys at Schechter, Shaffer & Harris, LLP stand ready to support you and your claim. Call our offices for a free consultation on your case as soon as possible.