Everyone wants to feel safe when they set foot on a business property. Premises liability law requires that those who own business and property maintain reasonably safe conditions for any patrons, or invited guests. Put simply, Texas business and property owners must do what is reasonable to protect their customers from potential threats, including individuals who may criminally assault them. If someone is assaulted because the business property owner lacked reasonable security, he or she may be liable to the victim for their injuries.
When an individual assaults someone he or she can be held legally responsible for any resulting injuries. This may include both criminal and civil liability. However, even when an assailant is found guilty and ordered to pay a certain amount of money to cover the victim’s damages, it doesn’t mean that they will have the assets to fulfill this order. That’s why a negligent security claim may be extremely helpful. This allows the victim to recover enough to cover their injuries be holding the business and property owner civilly liable.
Duty to Use Ordinary Care
While people generally hold no responsibility to protect others from criminal assault, there is an exception for negligent security. The Supreme Court of Texas found that a business and property owner can be held legally liable for the criminal attack of another person if they fail to meet their duty to use ordinary care and the victim was exposed to an unreasonable or unforeseeable risk. The duty of care extends to invitees, or those who are invited onto property.
Common Safety Precautions
There are many things that may be required of a business and property owner in order to meet their duty to use ordinary care. Such safety precautions may include:
- Secured gates and entrances to the outside
- Sufficient lighting
- Alarm systems
- Surveillance and security personnel
- Bars and padlocks on doors
- Pin locks installed on sliding doors
- Trained employees
- CCTV control room
- Documented security policies
It’s not enough for a business to simply have safety precautions – they must be adequate given the nature of the business, location, and other relevant factors.
While business and property owners can be held liable for negligent security, much of the outcome rests upon whether the criminal event that occurred was a foreseeable risk. If the victim can prove that the event was foreseeable and the business and/or property owner failed to protect against it, they can likely recover for their injuries.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Were the Victim of a Third-Party Criminal Act Due to a Business’ Negligent Security
You should be able to go to any business without having to worry about your safety. Not only should the business be safe for you to walk through, but you should not have to worry about being injured by a third-party. If you have been the victim of a third-party criminal act while at a business and believe that it was due to inadequate security on the part of the business, you may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney as soon as possible.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.