Premises liability laws provide protections allowing a person to recover compensation for cases involving a vast range of accidents occurring at businesses, including slips and falls and, in certain circumstances, third-party violent assaults. This is a section of legislation called negligent security.
While business owners are not always liable for criminal activity on their property, if there is evidence the attack was foreseeable, there may be cause for legal action. Meet with a Houston parking lot injury lawyer for more information. A skilled premises liability attorney is ready to help you file a suit.
What is Foreseeable Criminal Activity?
A foreseeable criminal act means the property owner knew or should have known of the potential risk of third parties causing harm to customers. Under state law, an individual is negligent when other people of ordinary intelligence in similar situations would have anticipated the hazardous conditions.
When a history of violent attacks and assaults occurs on a business’s property, including parking lots and garages, the owner has a legal obligation to protect its patrons. This may include hiring security guards or installing additional lighting, alarms, and cameras. The civil court could hold them financially accountable when business owners fail to implement measures to discourage criminal activity to protect customers from harm.
Establishing Negligent Security
The two essential components necessary to establish negligent security include foreseeable crime and losses and unreasonable risk of harm. The case must prove the defendant failed to exercise ordinary care to protect patrons. A lawyer in Houston could review a parking lot injury case to determine if it has the elements to prove negligence.
Common Examples of Foreseeability
Some of the most common examples of foreseeability include the following:
Similar Criminal Activity
A history and pattern of similar attacks and crimes on the property is potential proof of foreseeability. Evidence, such as police reports of previous attacks, could help establish inadequate security.
Prior criminal activity around the property could also establish that the damages were foreseeable. When the property is in a high-crime neighborhood, a reasonable property owner should expect criminal activity and take steps to protect patrons.
The Type of Business
Some types of establishments attract higher rates of crime than others, including nightclubs, liquor stores, and bars. A parking lot injury attorney in Houston could thoroughly investigate the establishment’s history to collect evidence of foreseeability.
Court-Enforced Deadline for Filing Negligent Security Claims
A person should know the important deadlines for filing inadequate security civil actions. According to the limitations in Texas Civil Practice and Remedies Code § 16.003, the petitioner must begin legal action within two years of the cause of actions in negligence cases.
Filing the lawsuit after the statute’s expiration date could mean losing the opportunity to hold the property owner accountable. A parking lot injury lawyer in Houston could handle the legal filings to ensure compliance with civil court regulations.
Schedule to Meet a Seasoned Houston Parking Lot Injury Attorney
The law obligates owners to protect patrons while on the property when there is a history and evidence of criminal activity. You have the right to expect the premises to be safe and not to sustain injuries while patronizing a business.
Negligent security cases are complex and present many challenges that require extensive investigation and skilled litigation. Even so, it is possible to collect compensation from careless company owners when there is evidence of foreseeability. Call a Houston parking lot injury lawyer to schedule a consultation for help with a case.