McKinney Negligent Security Accident Lawyer
Inadequate security cases are situations where there is either personal or property crime that occurs on the premises of another. These situations do not automatically result in a negligent security case.
Therefore, it is imperative to speak with a McKinney negligent security accident lawyer if you suffered harm due to poor security measures on another’s property. A seasoned attorney could determine if you have grounds for civil litigation.
Proving a Lack of Security Measures
There are two theories often implemented when proving property owner negligence for a security issue on their premise. However, these theories are not settled, making it difficult to prove.
The first is a series of case law that has come out called the Timberwalk case and its progeny. This case stands for the proposition that if they are going to have a negligent security case in Texas, that they have to show the criminality of the area and that it is out of step of what it should be. In other words, a lawyer has to show that there is a lot of crime occurring in the area, if they are going to hold an apartment owner or another land owner responsible for the criminal action that has harmed the claimant.
The other theory for these cases involves statutory law. For example, there is a law that says that landowners must have locks on their apartment windows or doors. If the landlord did not comply with those laws, a local attorney may be able to hold the landlord accountable, independent of the criminality of the area.
However, a lawyer evaluating these cases would want to determine the criminality of the area, to the degree that they can. If they can show that it is a high crime area, then they can enhance their negligent security case, even if we can show a statutory violation.
What Crimes are Commonly Involved in Poor Security Cases?
While the most common crimes caused by insufficient security are property crimes, there are almost always crimes that involve assault or battery. Less common are cases of theft. However, occasionally there can be a home invasion robbery, or situations in which a person is robbed at gunpoint or knifepoint.
One of the elements that an attorney in McKinney has to prove in negligent security cases is that the crime was foreseeable. Foreseeability is a standard in Texas law that prevents a person being held accountable unless they should be able to anticipate that something might happen based on what has happened in the past.
Foreseeability in these cases comes down to what does the landowner know, including if they have had a series of attacks already or that property crime has been increasing in the area. The jury is then tasked with determining whether this crime was foreseeable.
However, foreseeability alone does not establish liability. Legal counsel must establish the landowner could have reasonably anticipated the crime and taken preventative action, but failure to do so allowed criminal action to occur.
Who Can be Sued in Cases Involving Insufficient Security?
Since these cases fall under premises liability law, both the landowner and the land occupier can potentially be sued. Typically, it is easier to hold the management responsible than it is the owner themselves, but the owner can be held responsible in certain situations.
Very often with large apartment complexes there are contracts between the land owner and the manager that require the manager to keep adequate insurance on the property to provide a source of funds in the event they have a case like this. However, the law provides that both can be held accountable and their individual liability is determined as the case goes on.
Speak with a McKinney Negligent Security Accident Attorney
Proving a landowner or manager failed to provide adequate security to prevent criminal activity could be difficult without experienced legal guidance. A McKinney negligent security accident lawyer could answer any questions you have about proper security measures and determine if you are eligible for legal recourse. You have limited time to bring a civil claim, so call our office today and schedule your initial case consultation.