Premises Liability for Assaults: When Property Owners Are Liable for Crime
In Texas, property owners have a basic duty to keep their premises reasonably safe for visitors. Most people think of this responsibility in terms of slip-and-fall accidents or poorly maintained buildings. However, this duty can also extend to protecting against criminal acts committed by others.
When an assault, robbery, or other violent incident occurs on private property, injured victims often wonder who can be held responsible. In some situations, the property owner or manager may share legal responsibility.
At Gardner Law Firm, we understand that suffering injuries from an assault that could’ve been prevented is stressful. From our office in Rockport, Texas, we work closely with individuals and their families who have been harmed by a property owner's failure to provide adequate security.
We believe businesses and landlords have a responsibility to take reasonable steps to protect the people who visit their properties, and we’re committed to standing up for those whose safety was ignored. Our attorney will explain how premises liability claims work and can help you determine whether you have a valid case. Reach out today to schedule a free consultation.
Premises Liability and Criminal Acts
Texas law generally holds criminals responsible for their actions. However, this doesn’t always absolve property owners of responsibility for what happens on their land. When a business or landlord invites the public onto its property, it assumes certain obligations to take reasonable precautions for visitor safety. If a property owner knows, or has reason to know, that criminal activity is likely to occur, they must take practical steps to reduce the risk.
Premises liability claims based on assaults usually focus on whether the crime was foreseeable, meaning that prior incidents, neighborhood conditions, or other warning signs made the risk of harm predictable. For example, a parking garage with a history of robberies may require better lighting, security cameras, or trained security personnel. When an owner ignores clear warning signs, injured victims may have grounds to file a premises liability claim.
However, not every criminal act will create liability for a property owner. The law examines the specific facts of each case, and courts will consider whether the owner had notice of prior problems and whether reasonable safety measures could have prevented the attack.
Common Security Failures That Lead to Claims
Many assaults occur because a property lacks basic security measures. Businesses and landlords have a responsibility to address known dangers in a reasonable manner. When they fail to do so, visitors can suffer serious injuries. Some of the most common problems that lead to premises liability cases include:
Poor lighting in parking lots, hallways, and stairwells
Broken or missing security cameras
Lack of trained security guards in high-risk areas
Defective locks on doors or gates
Unrepaired fencing or entry points
Failure to warn visitors about known criminal activity
Ignoring previous reports of assaults or threats
These failures don’t automatically mean a property owner will be held liable, but they can show that a property owner neglected their basic duties. When these problems combine with a foreseeable risk of crime, the legal basis for a premises liability claim becomes much stronger.
How to Prove Liability After an Assault
If you have been a victim of a violent crime, it's common to face physical injuries, emotional trauma, and significant financial losses following the incident. However, to recover compensation from a property owner, you must be able to prove liability. This includes proving several important elements.
Duty of care: You must show that the owner owed a duty of care to the victim. In most cases, this duty exists when a person lawfully enters property as a customer, tenant, or invited guest.
Breach of duty: You must show that the owner failed to meet that duty. This usually involves demonstrating that reasonable security measures were ignored or that known risks were left unaddressed. Evidence such as police reports, prior incident records, maintenance logs, and witness testimony can play a major role in proving negligence.
Causation: You must show that your injuries were directly connected to the security failure. If better lighting, functioning locks, or proper security staffing would likely have prevented the attack, the owner may be held responsible.
Damages: You must prove that you suffered tangible damages, such as physical injuries, emotional distress, or property damage, as a direct result of the security failure.
Potential Compensation for a Premises Liability Assault Claim
A successful premises liability claim can provide financial recovery for many different types of losses. Following an assault on someone else's property, it's common for victims to face medical bills, lost income, and long-term emotional harm. Texas law allows injured individuals to seek compensation that reflects the full impact of what happened.
In these cases, available damages may include payment for emergency medical treatment, hospitalization, rehabilitation costs, and future medical needs. Lost wages from missed work and reduced earning ability can also be recovered. Many victims experience anxiety, depression, and ongoing fear after an attack, and compensation for pain and suffering may be available as well.
When a property owner’s conduct shows extreme disregard for safety, additional damages may apply. Each case is different, and the amount of compensation you are eligible to receive will depend on the seriousness of your injuries and the strength of the evidence. A well-prepared premises liability claim will give you the best chance to rebuild your life after a traumatic event.
How Victims Can Protect Their Rights
If you have been injured in an assault on a commercial or residential property, it's common to feel uncertain about what to do next. However, there are certain practical steps you can take that can significantly impact your claim. Be sure to seek medical attention immediately and keep detailed records of all treatment. Photograph your injuries and the location where the attack occurred.
Additionally, report the incident to local law enforcement and to the property owner or manager. Written reports create a clear record of what happened. Save copies of all your medical bills, pay stubs, and other financial documents to show the full extent and impact of your injuries. These actions can strengthen your potential premises liability case and provide a clearer picture of the harm you suffered.
Explore Your Options with an Experienced Personal Injury Attorney in Texas
Assaults on private property can leave you facing serious physical, emotional, and financial burdens. Texas law recognizes that property owners sometimes share responsibility when negligent security or unsafe conditions contribute to these crimes. Under Texas law, injured individuals can pursue compensation when owners ignore known risks or fail to take reasonable precautions.
At Gardner Law Firm, we will work with you to review your situation and identify whether the property owner may be legally responsible. If you or a loved one has been injured in an assault on someone else’s property, reach out to us to discuss your options. Located in Rockport, Texas, we serve clients throughout the surrounding areas, including Corpus Christi.