Can You Sue a Texas Apartment Complex, Hotel or Mall If You Are Shot, Robbed or Assaulted on the Property?
Direct Answer Under Texas Law
Yes, if violent crime on the property was foreseeable under the Texas Supreme Court's 5-factor test in Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998) AND the property owner failed to provide reasonable security measures (such as repairing broken access gates, fixing dark parking-lot lights, maintaining working deadbolts/peepholes under Tex. Prop. Code § 92.153, or hiring courtesy patrol guards).
Critical Texas Procedural Trap to Watch Out For
Under Timberwalk, a history of non-violent property crimes alone (such as hubcap thefts or vandalism) is usually NOT enough to make a violent shooting or sexual assault foreseeable; you must pull the 3-year police crime grid showing prior violent or person-to-person crimes (robberies, aggravated assaults, weapon offenses, burglaries of occupied habitations) on or immediately adjacent to the complex!
Recommended Action Plan for Texas Claimants
Order the 3-year Police Calls-for-Service and UCR offense reports for the property address and surrounding 0.5-mile beat before filing suit, and check Texas Property Code §§ 92.153–92.164 for mandatory apartment lock/latch violations.
Detailed Texas Statutory & Case Law Breakdown
Under Texas Negligent Security Doctrine; Timberwalk 5-Factor Test and controlling Texas appellate precedent in Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998); Mellon Mortgage Co. v. Holder, 5 S.W.3d 654 (Tex. 1999), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Texas Negligent Security Doctrine; Timberwalk 5-Factor Test and how Texas courts apply Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998); Mellon Mortgage Co. v. Holder, 5 S.W.3d 654 (Tex. 1999) in your county's appellate district.
- Beware of the Texas Procedural Trap: Under Timberwalk, a history of non-violent property crimes alone (such as hubcap thefts or vandalism) is usually NOT enough to make a violent shooting or sexual assault foreseeable; you must pull the 3-year police crime grid showing prior violent or person-to-person crimes (robberies, aggravated assaults, weapon offenses, burglaries of occupied habitations) on or immediately adjacent to the complex!
- Execute the Texas Action Plan: Order the 3-year Police Calls-for-Service and UCR offense reports for the property address and surrounding 0.5-mile beat before filing suit, and check Texas Property Code §§ 92.153–92.164 for mandatory apartment lock/latch violations.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
Can You Sue a Texas Apartment Complex, Hotel or Mall If You Are Shot, Robbed or Assaulted on the Property?
Yes, if violent crime on the property was foreseeable under the Texas Supreme Court's 5-factor test in Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998) AND the property owner failed to provide reasonable security measures (such as repairing broken access gates, fixing dark parking-lot lights, maintaining working deadbolts/peepholes under Tex. Prop. Code § 92.153, or hiring courtesy patrol guards). Key Texas Trap to Avoid: Under Timberwalk, a history of non-violent property crimes alone (such as hubcap thefts or vandalism) is usually NOT enough to make a violent shooting or sexual assault foreseeable; you must pull the 3-year police crime grid showing prior violent or person-to-person crimes (robberies, aggravated assaults, weapon offenses, burglaries of occupied habitations) on or immediately adjacent to the complex!
What Texas statute and Supreme Court / appellate precedent control suing an apartment or hotel for a violent crime?
This question is governed in Texas by Texas Negligent Security Doctrine; Timberwalk 5-Factor Test and the legal standards articulated in Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998); Mellon Mortgage Co. v. Holder, 5 S.W.3d 654 (Tex. 1999). Recommended step: Order the 3-year Police Calls-for-Service and UCR offense reports for the property address and surrounding 0.5-mile beat before filing suit, and check Texas Property Code §§ 92.153–92.164 for mandatory apartment lock/latch violations.
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