A break-in at your rental home can leave you shaken, injured, and unsure where to turn for help. Beyond the immediate fear and property loss, many people are left wondering whether the incident could have been prevented. In Harris County, landlords and property owners are legally required to take reasonable steps to keep all tenants and visitors on their properties safe. When those duties are ignored, break-ins may rise to the level of negligent security.
Is Your Landlord Responsible for Security on the Property?
Landlords are not required to guarantee your safety, but Texas “premises liability laws” do require them to take reasonable steps to protect tenants from foreseeable criminal activity. Landlords may be responsible if:
- Property is located in an area with known criminal activity.
- Similar crimes have occurred on or near the property in the past.
- Known security risks were not addressed.
- Basic safety measures were missing or broken.
Premises liability laws apply to apartment complexes, rental homes, and certain multi-tenant properties. If a crime was foreseeable and the landlord failed to act, liability may exist.
What Is Considered Negligent or Inadequate Security?
“Negligent security” refers to situations in which a property owner fails to implement or maintain reasonable safety measures, based on the location, nature, and criminal history of the property. Common types of “inadequate security” include:
- Broken or missing door and window locks.
- Poor lighting in parking lots, hallways, or stairwells.
- Malfunctioning security gates or access controls.
- Lack of security cameras where crime is common.
- Failure to repair fencing or perimeter barriers.
- Ignoring reports of suspicious activity or prior crimes.
In instances when conditions make it easier for criminals to access the property, the landlord may be held accountable for resulting injuries or losses.
Does a Break-In Always Lead to a Negligent Security Claim?
Not every break-in results in a valid legal claim. For a negligent security case, several other elements must be proven in addition to establishing a crime occurred, such as whether:
- A crime was foreseeable based on prior incidents.
- Reasonable security measures were absent or inadequate.
- Lack of security directly contributed to the break-in.
- You suffered injuries, trauma, or financial losses.
A landlord is more likely to be liable when there is a clear pattern of crime or obvious unaddressed security failures.
What Are Common Injuries and Losses in Negligent Security Cases?
Break-ins are not always limited to property damage. Many negligent security cases involve serious physical and emotional harm, particularly when tenants encounter intruders. Damages may include:
- Physical injuries from assaults or struggles.
- Medical expenses and future treatment costs.
- Lost income due to time away from work.
- Emotional distress, anxiety, or post-traumatic stress.
- Costs to repair or replace stolen or damaged property.
Losses following a break-in can add up quickly, especially when injuries require ongoing care or prevent you from working for an extended period.
What Should I Do After a Break-In at My Rental Property?
A break-in can be frightening and overwhelming, especially when it happens in your own home. Once you are safe, taking a few practical steps early on can help preserve evidence and protect your legal rights and your claim. You should:
- Call police and report the crime and any injuries, and notify your landlord or building manager.
- Document the scene, including broken locks, lighting, or other security failures.
- Save prior complaints or maintenance requests related to security.
- Avoid repairing or altering security issues before they are documented.
- Seek medical care for any injuries, even if they seem minor.
- Consult a Harris County negligent security lawyer before speaking with insurers or property managers.
Early documentation can be critical toward showing that unsafe conditions existed before the incident and establishing negligence.
Harris County Negligent Security Lawyer, Todd E. Webb, Esq., at the Law Office of Todd E. Webb Holds Negligent Landlords Accountable
Negligent security claims are complex and often involve multiple liable parties. If your landlord ignored known security risks and you were injured in a break-in, the skilled Harris County negligent security lawyer, Todd E. Webb, Esq., at the Law Office of Todd E. Webb fights for clients harmed by preventable crimes on unsafe properties. To schedule a free consultation, call today at 832-529-4410 or contact us online. Located in Houston, Texas, we gladly serve clients throughout the surrounding areas.