Austin Negligent Security Lawyer
Legal Help After A Crime On Unsafe Property
If you were assaulted, robbed, or harmed during a crime on someone else’s property in Austin, you may be wondering whether the property owner could have prevented it. When basic safety measures are ignored and people get hurt, a negligent security claim may be available. Our team at the Law Offices Of Vic Feazell, P.C. helps victims in this situation understand their options and take action.
We know you may be dealing with physical pain, fear, and mounting expenses at the same time. You might not know who is responsible, how to prove what happened, or how to afford a lawyer. Our firm represents people in these circumstances on a contingency fee basis, so you do not pay legal fees unless there is a favorable outcome.
Led by attorney Vic Feazell, our firm has a long history of standing up to powerful institutions and handling serious injury and wrongful death matters. We apply that same resolve when property owners, management companies, and insurers fail to protect people in this part of Texas.
Contact our firm today at (254) 938-6885 to schedule a free consultation.
Understanding Negligent Security in Texas
Negligent security is a subset of premises liability law. It is based on the principle that property owners and managers have a legal duty to provide "reasonable" security measures to protect lawful visitors from foreseeable criminal acts by third parties.
In Austin’s rapidly growing landscape, from the bustling nightlife of 6th Street to the expanding residential complexes in North Austin, the definition of "reasonable" changes based on the location and the history of crime in the area. If a business knows—or should have known—that crime was a risk and failed to act, they may be liable for the resulting damages.
Properties That Require Security
Not every property requires a 24/7 armed guard, but certain environments carry a higher "duty of care" due to their nature or history. Common Austin locations where negligent security often occurs include:
- Apartment Complexes and Gated Communities: Landlords must ensure that gates, door locks, and common area lighting are functional.
- Hotels and Motels: Guests have a right to expect secure room entries and monitored hallways.
- Parking Garages and Lots: Dimly lit or unmonitored parking structures are prime locations for robberies and physical assaults.
- Shopping Centers and Malls: High-traffic retail areas require adequate patrol to deter shoplifters and protect patrons.
- Bars and Nightclubs: Establishments serving alcohol have a heightened responsibility to manage crowd control and prevent violent altercations.
- Banks and ATMs: Financial institutions must provide visibility and security for customers handling cash.
- Hospitals and Healthcare Facilities: Patients and staff require protection from unauthorized visitors in sensitive areas.
Common Examples of Inadequate Security
Negligent security isn't always about what a property owner did; it’s usually about what they failed to do. At Law Offices Of Vic Feazell, P.C., we investigate cases involving:
- Broken or Non-Existent Locks: Failure to repair broken window latches or door locks in residential or hotel settings.
- Inadequate Lighting: Dark stairwells, alleys, or parking lots that provide cover for criminal activity.
- Lack of Security Cameras: Failing to install or maintain CCTV systems that could deter or record criminal acts.
- Poorly Trained Security Guards: Hiring "security" personnel who lack the training to intervene or who fail to patrol the premises as required.
- Failure to Warn: Not notifying residents or patrons about a recent string of crimes in the immediate vicinity.
- Unsecured Perimeter: Broken fences or gates that allow unauthorized individuals easy access to private property.
Who is Liable for Negligent Security?
Determining liability in an Austin negligent security case requires a deep dive into ownership and management structures. Depending on the circumstances, the following parties may be held responsible:
- Property Owners: The entity that owns the land or building is primary in the line of responsibility.
- Property Management Companies: These firms are often hired to handle day-to-day operations, including maintenance and security protocols.
- Security Companies: If a third-party security firm was contracted to provide guards or monitoring and failed to perform their duties, they may be sued for negligence.
- Business Tenants: In some commercial leases, the specific business (like a retail store or restaurant) is responsible for the security within their leased space.
To win a case, our legal team must prove that the crime was foreseeable. This usually involves analyzing "crime grids" from the Austin Police Department to show that the area had a history of similar incidents, making the property owner’s failure to upgrade security a clear act of negligence.
Negligent Security FAQs
What do I have to prove to win a negligent security case?
You must generally prove four elements:
- You were lawfully on the property.
- The owner had a duty to provide reasonable security.
- They breached that duty.
- The breach directly led to your injuries from a foreseeable criminal act.
Can I sue if the criminal was never caught?
Yes. A negligent security lawsuit is a civil matter against the property owner, not a criminal case against the perpetrator. While a criminal conviction can help your case, it is not required to seek compensation from the landlord or business owner.
How much is my case worth?
The value depends on the severity of your injuries, the degree of negligence shown by the property owner, and the long-term impact on your life. Compensation can cover medical expenses, therapy, lost earning capacity, and pain and suffering.
Is there a time limit to file a claim in Austin?
In Texas, the statute of limitations for personal injury claims (including negligent security) is generally two years from the date of the incident. However, you should act much faster to ensure evidence like surveillance footage is preserved.
How Our Firm Handles Negligent Security Cases
Negligent security claims are often complex. They can involve multiple companies, maintenance records, and long histories of crime on a property. We approach these cases with a structured system that helps us gather facts, test theories, and stay prepared for negotiation or trial from the beginning.
Inside our office, we use what we call The Vic Feazell Method. This framework guides how we investigate, analyze, and present every case. Our attorneys and staff collect incident reports, 911 records, photographs, surveillance footage when available, and internal documents from property owners. We work to understand not only what happened on the day of the crime, but also what the property owner knew beforehand.
As we build the case, we manage the day-to-day burden for our clients. We handle communication and negotiations with insurance carriers, property owners, and opposing counsel. Our team coordinates medical bills and legal expenses, which helps ensure that available funds are used effectively and that important issues are not overlooked. Clients can focus on their medical care while we keep the legal process moving.
We also anticipate the strategies that defendants and insurers often use. Property owners may try to blame the victim, claim that the crime was impossible to foresee, or say that security was adequate. Our attorneys use investigative and prosecutorial insight from high-profile matters to push back on those arguments. We work to assemble the facts thoroughly so we are ready to argue a case or present a demand when the time is right.
Throughout the process, communication remains a priority. We explain timelines at the outset and reinforce expectations as the case progresses. We return calls, stay in regular contact about new developments, and make ourselves available when questions come up. When circumstances make travel difficult, we use phone and electronic communication to keep the process as convenient as possible.
To speak with our team, call (254) 938-6885 today.