Duty Landowners Owe to Their Guests

The duty owed to a visitor depends on the relationship the visitor has to the landowner. For example, the law does not require a homeowner to install security cameras in the house before inviting friends to visit. However, business owners that have spaces open to the public usually have a heightened responsibility to keep visitors safe.

Texas recognizes three different standards of care that apply to a property owner depending on how the visitor is classified:

Invitees: are those who are on the premises for a business purpose, such as a customer or a person hired to work on the property. This is the highest standard of care and would apply to stores open to the public.

The landowner must exercise reasonable care to keep the premises safe for invitees. To determine what would constitute reasonable steps, a court would likely take into account factors such as the type of neighborhood where the property is located and whether or not there is a history of criminal activity in the area.

Licensees: are individuals that are allowed to be on the property, but not for business purposes. An example would be a social guest. For licensees, the landlord's duty is less than for Invitees. This means that the owner may only be liable for willful or reckless injury. An example might be leaving doors unlocked or open in a high-crime area.

Trespassers: are people who are not allowed to be on the property for any reason. Trespassers are owed a very low standard of care. In the context of negligent security, a landowner usually owes no duty to protect a trespasser from another crime being committed against them while on the premises.

Types of Negligent Security Cases

Our firm has extensive experience with all kinds of negligent security cases. There can be huge variation in the type of property involved, so it is important to hire an expert who understands these differences. In fact, negligent security can occur in both public or private spaces, apartment buildings and single-family dwellings. The type of neighborhood where the property is located is also a critical factor.

Typical examples of these cases involve a landowner failing to do one or more of the following:

Install adequate lighting

Respond to a security alert

Follow security protocol

Issue warnings about a potential danger

Lock or secure gates or other areas, or

Install sufficient and working security cameras.

Keep in mind that any failure to take reasonable steps to keep you safe can be grounds for a negligent security lawsuit.

How Much is My Negligent Security Case Worth?

It’s not enough that the owner was at fault for your injury. In order to have a successful claim, you must show that the harm you suffered warrants money damages. Now, if you were attacked, damages would include things like medical expenses, lost wages if you missed work or can no longer work, as well as amounts for pain and suffering.

In some limited cases, you may also be entitled to what is known as punitive damages. These amounts are above and beyond the damages listed above and are meant to punish the person at fault for your injuries.

If a close relative of yours was attacked and killed, you may be able to bring what is known as a wrongful death claim. This would also be based on negligent security and could result in you being compensated for medical expenses incurred before the person passed away, funeral/burial expenses, pain and suffering, lost wages the victim would have earned during his or her lifetime, and loss of care & companionship.

Who is Responsible for Negligent Security Cases?

In most cases, the person liable in a negligent security case is the property owner. However, these matters can become more complex when the person that lives or operates a business from the property leases the premises.