Surviving a sexual assault is traumatic under any circumstances. When it happens in your apartment or somewhere on your apartment complex’s property, the emotional toll can be even more devastating.
For many survivors, a key question—after reporting the crime and getting medical care—is whether legal action can be taken against the property owner or management. In addition to the criminal prosecution of the attacker, you may have the right to file a civil lawsuit for negligent security or premises liability.
Criminal vs. Civil Legal Action
First, it’s essential to understand the difference between criminal and civil legal action:
- The state of Texas files criminal charges to hold the perpetrator accountable. These cases may result in jail time, probation, or other penalties.
- Civil lawsuits are separate and can be filed by the survivor to seek financial compensation for the harm suffered, regardless of whether the attacker is convicted.
In many cases, survivors are eligible to pursue a civil claim against the property owner for failing to prevent the assault, particularly when the incident occurred in a common area or could have been avoided with proper security measures.
When Is a Property Owner Liable?
Texas law requires apartment owners and landlords to take reasonable steps to keep their properties safe, especially in shared areas like:
- Hallways and stairwells
- Laundry rooms
- Parking lots and garages
- Entrances, gates, or breezeways
If your assault occurred in one of these areas, or if your unit was accessed due to a broken lock, unsecured entry point, or known safety issue, the property owner may have failed in their legal duty. This type of case is called a negligent security claim.
A landlord may be held liable if:
- The complex was in a high-crime area, and they failed to act
- Previous assaults or violent crimes occurred on the property.
- Security features (locks, lighting, cameras) were missing or broken.
- The owner or management failed to address tenant complaints about threats or unsafe conditions.
Evidence That May Support Your Claim
If you’re considering a civil case, an attorney can help gather and preserve the evidence needed to support your claim. This may include:
- Prior police reports involving the apartment complex
- 911 call logs
- Maintenance records showing ignored repairs
- Witness statements from neighbors or other tenants
- Surveillance footage (if available)
- Communications with management or security personnel
The sooner you contact a lawyer, the more likely it is that valuable evidence can be preserved before it’s lost or deleted.
What Compensation Can You Recover?
Every case is different, but if a negligent landlord or property owner contributed to your assault, a civil lawsuit may help you recover damages for:
- Medical expenses, including emergency care and counseling
- Lost income or disruption to your work
- Pain and suffering
- Emotional trauma, including PTSD
- Relocation expenses if you were forced to move
- In some cases, punitive damages for gross negligence
No amount of money can erase what happened, but compensation can help you obtain a measure of justice and provide financial support for your recovery..
Our Approach to Representing Survivors
At Rochelle McCullough LLP, we know that sexual assault cases require care, discretion, and complete confidentiality. Our team treats every client with respect and compassion while aggressively pursuing accountability from negligent landlords, property managers, or security companies.
We’ve handled serious personal injury and premises liability claims throughout Dallas–Fort Worth and understand the legal complexities involved in these cases. If you’re ready to explore your legal options, we’ll help you do so with support and clarity every step of the way.
Speak With a Dallas–Fort Worth Attorney Today
If you’ve experienced a sexual assault at your apartment complex, you are not alone, and you may have legal options beyond the criminal justice system. Rochelle McCullough LLP is here to help you seek justice through civil action. Contact our Dallas office today for a complimentary and confidential consultation. We’re ready to stand with you.