If you or someone you love was shot, stabbed, robbed, or injured at your apartment complex, you are living through something that goes far beyond a legal problem. Your home is supposed to be a safe place. But when it is not, there are times when your apartment complex itself can be held legally liable.
Here’s why: What happened may not have been random. In many of these cases, the violence was preventable and when it is, Texas law holds property owners accountable when they fail to provide reasonable security and someone gets hurt as a result.
If you were attacked at your apartment by a non-resident (someone who should not have been there), or if a family member was injured, you may have what is called a “negligent security” claim. We, at Armstrong Lee & Baker LLP, are experienced negligent security attorneys and this is exactly the sort of case we take seriously and know how to build, and win.
Under Texas law, landlords owe their residents a duty to maintain reasonably safe premises. That is not a vague standard. Texas Property Code Section 92.153 spells out specific security requirements for residential rental properties. These include,
And those are just the start.
In neighborhoods where gang activity is known, where residents have been calling police for months about the same people or the same corner, where shootings or robberies have happened on or near the property before, that minimum is not enough.
“Reasonable security” in a high-crime area means functioning cameras. It means adequate lighting in parking lots, stairwells, and common walkways. It means controlled-access gates that actually work. And in some cases, it even means security personnel on site.
Consider the Houston apartment resident murdered as part of a gang initiation, or someone badly injured in Dallas due to a random act of violence. If management knew the complexes were dangerous because residents had complained or police had been called, if the signs were all there, and they did nothing about it, they can be held liable.
When a landlord knows what is happening outside their gates, and many of them do, and chooses not to act, that is not bad luck.
That is negligence.
The central question in any negligent security case is whether the attack was “foreseeable.” So, just what does that word mean? Many a law student has spent countless nights trying to understand the concept, but let’s make it simple:
Foreseeable is not whether it was certain to happen. And it is not whether the landlord wanted it to happen. Foreseeable essentially means, did the landlord know, or should they have known, that something like this could happen on their property?
In practice, this comes down to what was already happening at or around that complex before the injury.
If the answer to any of those questions is yes, a court could find that your landlord had reason to anticipate the danger and that the violent event that ensued was “foreseeable.” If they knew of the danger but failed to act, they can be held liable for what happened to you or your loved one.
But here’s the thing: Building a negligent security case requires pulling police call records, area crime data, internal maintenance logs, and complaint records from management. It means moving quickly, before surveillance footage gets overwritten, before records disappear, and before witnesses scatter. This is investigative work, and it starts the day you call a negligent security attorney, like the ones you will find at Armstrong Lee & Baker LLP.
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The most obvious defendant is the landlord, the property owner. But depending on how the apartment complex is structured and what went wrong, there may be other potential parties:
The reason we look for multiple responsible parties is two-fold. First, the responsible parties need to be held to account; the dead or injured deserve that. And second, multiple defendants mean multiple insurance policies.
In cases involving serious injury or wrongful death, identifying every potentially liable defendant is one of the first things a negligent security attorney does.
We’ll fight for the compensation you deserve.
Not every attack at an apartment gives rise to a claim. Strong negligent security cases tend to share specific, identifiable mistakes or failures that should have been fixed but were not. These can include (but are not limited to):
If any of these failures contributed to what happened in your situation, someone needs to be held responsible for your loss.
A successful negligent security claim can address the financial losses as well as the pain and suffering and human cost of what happened. This includes:
Apartment complexes and their insurers carry substantial liability insurance to cover losses like these. When negligence is established and the injuries are serious, these cases reflect that.
If someone you love was murdered at their apartment complex because the landlord failed to provide basic security, Texas law gives surviving family members the right to pursue a wrongful death claim. Spouses, children, and parents of the deceased can recover for the loss of financial support, loss of companionship, funeral costs, and in some cases punitive damages when the conduct rises to the level of gross negligence.
While no amount of money can bring someone back, it’s important to hold the responsible party accountable and make sure your family is not left to absorb the financial consequences of a property management company’s negligence.
Armstrong Lee & Baker LLP represents injured residents and grieving families throughout Texas. We handle negligent security cases in Houston, Dallas, San Antonio, Austin, and across the state.
Houston’s apartment market includes large complexes in areas with significant and documented gang and crime activity. Residents in those areas have the same legal rights as anyone else, and we fight for them. We handle cases for residents throughout Houston, including those living near communities such as Breakers at Windmill Lakes (Windwater Drive), Casa Grande Apartments (Concourse Drive), Haven at Briargrove (Elmside Drive), and Park at Woodlake (Ella Lee Lane).
If you were attacked at your Houston apartment complex and believe security failures contributed, contact us today.
Dallas-Fort Worth residents injured at apartment complexes due to inadequate security also have rights under Texas premises liability law. We handle negligent security cases throughout the DFW area, including residents near properties such as Bellevue Terrace (Marvin D Love Freeway, Dallas). If you were hurt or a family member was injured at a Dallas-area apartment because the complex failed to take reasonable security precautions, we want to hear from you.
If you were attacked at your apartment complex and the property owner failed to take reasonable security measures, if your complex suffered from things like broken gates, no cameras, repeated prior incidents that management knew about and ignored, then you may have a claim. Large complexes in San Antonio’s high-crime corridors have the resources to provide adequate security and when they choose not to, Texas law can hold them accountable.
We represent injured residents and families throughout the San Antonio area. Contact us for a no cost, no obligation consultation.
Austin’s rapid growth has brought large apartment developments into areas where crime rates require real security investment. But not all landlords make that investment. We handle negligent security cases for Austin-area residents, including those near communities such as Avalon Palm Apartments (Northgate Boulevard) and Longspur Crossing Apartments (West Longspur Boulevard).
Texas sets a two-year window to file a negligent security claim, measured from the day of the attack. In wrongful death cases, that clock starts on the day your family member died.
Two years may sound like enough time, but it goes by quickly, especially if you wait:
The simple fact is, the case we can build for you today is stronger than the one we can build eighteen months from now, and that is why it is important to call sooner rather than later.
And remember, there is no cost and no obligation to have that first conversation.
Armstrong Lee & Baker LLP handles negligent security cases across Texas on a contingency basis. You owe nothing unless we recover for you. If you or a family member were injured or killed at a Texas apartment complex and you believe the property was not adequately secured, call us.
The conversation is free.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.