Victim of a Violent Crime Due to Poor Security in San Antonio? The Property Owner May Be Liable.
When you visit an apartment complex, a hotel, a shopping mall, or a parking garage, you trust that the property owner has taken reasonable steps to protect you from foreseeable criminal acts. In Texas, this is not just an expectation—it is a legal duty. Property owners who attract the public or who own properties in areas with a known history of crime have a responsibility to implement adequate security measures. When they cut corners on security to save money—by leaving broken locks unfixed, providing no lighting, or hiring untrained or absent security guards—they create an environment where violent criminals can prey on innocent visitors and residents.
At Barton & Associates, our San Antonio inadequate security lawyers handle the complex and sensitive cases that arise when negligent security leads to assault, robbery, rape, or wrongful death. We understand the profound physical and emotional trauma these crimes inflict. While the criminal justice system pursues the attacker, our civil practice is dedicated to holding the property owners and managers financially accountable for their role in failing to protect you. We fight to secure the compensation needed for therapy, medical care, lost income, and to provide a measure of justice that the criminal case often cannot.
The Legal Duty to Provide Security: “Foreseeability” is Key
Not every crime creates liability for a property owner. Under Texas premises liability law, the core question is foreseeability. We must prove that the criminal act was reasonably foreseeable and that the property owner failed to take reasonable steps to prevent it.
We establish foreseeability by demonstrating:
- A History of Similar Crimes on or Near the Property: We conduct thorough investigations into police call logs, crime reports, and internal incident reports to show a pattern of muggings, break-ins, assaults, or other violent crimes that put the owner on notice of the danger.
- The Nature and Location of the Property: Certain types of properties have a higher duty of care. These include:
- Large Apartment Complexes
- Hotels & Motels
- Shopping Malls & Retail Parking Lots
- Bars & Nightclubs
- ATMs & Stand-Alone Parking Garages
- College Campuses & Student Housing
- Industry Standards & “Best Practices”: We use security industry experts to testify about what reasonable security measures are for a given type of property in a specific location. This creates a standard against which we can measure the owner’s failures.
Common Failures in Security That Lead to Tragedy
Our legal team has successfully built cases around a wide range of security negligence:
- Defective or Non-Existent Access Control: Broken gates, doors that don’t lock, malfunctioning keycard systems, and unsecured common areas that allow criminals unimpeded access.
- Inadequate Lighting: Poorly lit parking lots, stairwells, hallways, and pathways that provide cover for assailants.
- Lack of Proper Security Personnel: Failing to hire any security guards or hiring untrained, unlicensed, or inattentive guards who fail to patrol effectively.
- Malfunctioning or Absent Security Cameras: A lack of surveillance cameras or cameras that don’t work, preventing both deterrence and the identification of criminals.
- Failure to Warn of Known Dangers: Not warning residents or guests about recent criminal activity on the premises.
- Poorly Designed Landscaping: Overgrown shrubs and bushes near entrances and walkways that provide hiding spots for attackers.
What Constitutes “Reasonable” Security? We Hold Owners to the Standard.
Property owners often argue that they cannot guarantee absolute safety or prevent all crime. That is true. However, the law requires them to take reasonable steps given the foreseeable risks. What is “reasonable” is the central question in these cases. We work with security experts to show what the owner should have done but failed to do, such as:
- Installing functional locks and access control systems.
- Maintaining adequate lighting in all common areas.
- Hiring and training competent security personnel for high-risk times.
- Implementing a visible camera surveillance system.
- Trimming landscaping to eliminate hiding places.
- Responding to prior incidents by upgrading security measures.
The Devastating Injuries from Crimes of Violence
The physical and psychological injuries from an assault due to inadequate security are profound and long-lasting:
- Physical Injuries: Gunshot wounds, stabbings, broken bones, lacerations, and traumatic brain injury from an attack.
- Severe Psychological Trauma: Post-Traumatic Stress Disorder (PTSD), severe anxiety, depression, and a debilitating fear of public spaces.
- Sexual Assault & Rape: The physical injuries and deep psychological scars from these violent crimes.
- Wrongful Death: The ultimate tragedy for families who have lost a loved one to a preventable violent crime.
Critical Steps to Take After a Crime Due to Inadequate Security
- Report the Crime to Police Immediately: Call 911. A police report is the foundational document that records the criminal act. Cooperate fully with the criminal investigation.
- Seek Medical & Psychological Care: Go to the hospital for any physical injuries. Importantly, also seek counseling or therapy to begin addressing the psychological trauma. These medical and therapy records are crucial evidence of your damages.
- Document Everything You Recall: As soon as you are able, write down every detail of the incident: what the assailant looked like, what they said, the exact location, and the circumstances (e.g., “the hallway light was out,” “the gate was broken”).
- Preserve Physical Evidence: Do not wash the clothes you were wearing. They may contain forensic evidence.
- Notify the Property Owner/Manager: Report the incident to them in writing. Keep a copy of your report.
- Do NOT Speak to the Property Owner’s Insurance Company: They will contact you. Their goal is to minimize their liability. Do not give a statement. Refer them to your attorney.
- Contact a Specialized Inadequate Security Attorney: Call Barton & Associates immediately. These cases require an immediate investigation into the property’s crime history and security measures before records can be altered or “lost.”
How Barton & Associates Builds a Powerful Inadequate Security Case
These are among the most complex civil litigation cases. Our strategic approach is comprehensive:
- Immediate Investigation & Evidence Preservation: We send legal spoliation letters to the property owner demanding they preserve all security footage (from their cameras and neighboring businesses), security guard logs, maintenance records for lights and gates, and all prior incident reports.
- Forensic Analysis of Crime History: We subpoena police records for the property and the surrounding area for the past 3-5 years to establish the pattern of criminal activity that made the attack foreseeable.
- Security Expert Retention: We retain nationally recognized security consultants. They will conduct a “security assessment” of the property, comparing the owner’s actual measures to industry standards and best practices for that type of property. Their testimony is often decisive.
- Detailed Damages Assessment: We work with psychiatrists, psychologists, and life-care planners to document the full, long-term impact of your trauma, including:
- Past and Future Medical & Psychological Care
- Lost Wages & Loss of Earning Capacity (if the trauma prevents you from working)
- Physical Pain and Suffering
- Mental Anguish & Emotional Distress (a major component in these cases)
- Loss of Enjoyment of Life
Why These Cases Are Uniquely Challenging & Why You Need Our Firm
Property owners and their insurers fight these claims aggressively. They argue the criminal act was an unpredictable, intervening event that breaks the chain of liability. They will claim their security was “reasonable.”
To defeat these arguments, you need a law firm with:
- Resources for Intensive Investigation: These cases are expensive to litigate, requiring experts and extensive discovery.
- Experience with Sensitive, Trauma-Informed Advocacy: We understand how to work with survivors of violent crime with compassion and respect.
- A Proven Record Against Large Property Management Companies: We have successfully taken on apartment REITs, hotel chains, and shopping mall operators.
The Barton & Associates Difference
- Dedicated, Compassionate Representation: We guide you through this difficult process, handling the legal battle so you can focus on healing.
- Bilingual Legal Team
- Commitment to Making Properties Safer: We believe these lawsuits serve a vital public safety function by forcing negligent property owners to invest in security and protect future visitors.
Don’t Let a Property Owner’s Neglect Compound Your Trauma
The financial costs of recovering from a violent crime—therapy, medical bills, lost income—can be overwhelming. The civil justice system exists to shift that burden to the parties whose negligence made the crime possible.
Our goal is to secure a settlement or verdict that provides for your long-term recovery and sends a clear message that property owners in San Antonio will be held accountable for the safety of their guests and residents.
Contact Our San Antonio Inadequate Security Law Firm Today
If you or a loved one has been the victim of an assault, robbery, sexual assault, or other violent crime on a poorly secured property in San Antonio, you may have a legal claim against the property owner. Time is critical, as security tapes are recorded over and memories fade.
You have the right to feel safe. When a property owner violates that right, we are here to fight for you.
Call Barton & Associates, Attorneys at Law, now at 210-500-0000 for a free, confidential, and compassionate consultation. We will listen to your story, explain your legal rights, and begin the work of holding the negligent property owner accountable.
Main Category: Personal Injury
Practice Area Category: Workplace & On-Site Injuries
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
