Attacked on someone's property in Austin: negligent security claims and finding a lawyer
In Texas, a property owner answers for a crime only if the risk was unreasonable and foreseeable. In Austin you can test that with APD's public report search, which reaches back 18 months. Most suits must be filed within 2 years. Public owners generally need notice in 6 months, and the city in 45 days.
Last checked November 9, 2026 · Official sources (30)
How do I prove an Austin property should have seen the crime coming?
Texas courts look at five things: how close earlier crimes were, how recent, how often, how similar, and how well known. A single scary story rarely meets that test. A pattern can. Austin gives you unusual public tools for finding one.
| Texas factor | Where to look in Austin |
|---|---|
| Proximity: was it here or nearby? | APD's report search works by area command, zip code, census tract or case number. |
| Recency: how long ago? | That search covers 18 months. APD's open data runs back to 2003. |
| Frequency: how often? | Count reports at the address and nearby blocks in the open data. |
| Similarity: same kind of crime? | Careful. The dataset shows only the highest offense in each incident. |
| Publicity: did the owner know? | Past tenant emails, news stories, security reports and earlier complaints. |
Save what you find as a screenshot with the date. A lawyer can then ask for the full police reports and the property's own incident logs.
Who can be responsible for an attack in Austin?
The company that controls security is the first target. Texas reaches a landlord that keeps control over the safety of the premises. That can be a different company from the one on your lease. Think about the owner, the manager and any security contractor.
- Apartments: Texas requires a keyless bolt and a door viewer on each exterior door. A landlord must repair or replace a security device when asked.
- Bars and clubs: a June 2023 APD memo says a city team suggested a late-night Sixth Street permit with a safety plan covering security staff. We could not confirm that this ever took effect.
- Alcohol: if staff kept serving someone who was clearly dangerous, TABC takes complaints online.
Expect the property to blame the attacker, even one who was never caught. A defendant can name an unknown criminal as a responsible party. Texas defendants usually pay only their own percentage, unless they are above 50 percent. So the jury's split can change everything. If you are more than 50 percent responsible, you recover nothing.
What should I do first after being attacked in Austin?
- Get medical care. Dell Seton is a Level I trauma center. Tell staff how you were hurt.
- Report it. APD walk-in reporting has moved to 812 Springdale Rd. Non-emergencies can go through iReportaustin.com.
- Write to the property within days asking it to save video, gate logs and guard schedules.
- Photograph the broken light, lock or gate before it gets fixed.
- List who saw it, and neighbors who have complained before.
You do not have to go through this alone. APD Victim Services helps people whether or not they report the crime, at 512-974-5037. Its staff do not ask about immigration status. If an arrest leads to a felony case, the Travis County District Attorney's Victim Services line is (512) 854-9449.
Is there help paying bills after a crime in Austin?
Yes. The Texas Crime Victim Compensation program may help while a civil case moves slowly. In Austin its number is 512-936-1200.
| Rule | What it means |
|---|---|
| When to apply | Within 3 years of the crime. |
| How much | Up to $50,000. |
| Who pays first | It pays only as a last option, after other sources. |
| What it checks | That the crime happened and was reported. |
What if it happened in a city park or at a CapMetro stop in Austin?
These are hard cases. Governments are protected from most claims about failing to prevent crime. Still, do not skip the deadlines. A Texas government must get notice within 6 months, and the City of Austin says 45 days. Report what happened at a transit stop to CapMetro Police at (512) 474-1200.
What should I ask a negligent security lawyer in Austin?
- How will you prove earlier crimes at or near this property?
- Who controlled security here, the owner, the manager or a contractor?
- How do you handle a defense that blames the attacker?
Questions
Can I sue my Austin apartment complex after a break-in?
Possibly, if the crime risk was foreseeable or a required lock was missing or left broken after you asked.
How long do I have to sue?
Generally 2 years. The crime victim fund allows 3 years from the crime.
Where do I look up crime at an Austin address?
APD's report search covers the last 18 months. APD's open data goes back to 2003.
What if my attacker was never caught?
You can still bring a claim, but the defendant may name an unknown criminal to share the fault.
Attacked because of poor security in Austin? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (30)
- Texas Supreme Court, Timberwalk Apartments v. Cain (1998), checked 2026-11-09. “A duty exists only when the risk of criminal conduct is so great that it is both unreasonable and foreseeable.”
- City of Austin, Search police reports, checked 2026-11-09. “Searches may be accomplished using several geographic boundaries: - Police area commands or districts - Zip codes - Census tracts - A known case number Updates to the police report database occur daily. Information is available from today's date back 18 months.”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
- Texas Attorney General, checked 2026-11-09. “We confirm that a crime happened and that it was reported to law enforcement.”
- Austin Police, APD Victim Services Serving our Immigrant Communities (May 2026), checked 2026-11-09. “Services are available to victims/survivors whether they choose to report the crime or not, by calling 512-974-5037.”
- Texas Supreme Court opinion, No. 15-0197, checked 2026-11-09. “proximity, recency, frequency, similarity, and publicity”
- Austin Police, Crime Reports data disclaimer, checked 2026-11-09. “Data is from 2003 to present.”
- Austin Police, Crime Reports data disclaimer, checked 2026-11-09. “this dataset only depicts the highest level offense of that incident.”
- Texas Supreme Court, Timberwalk Apartments v. Cain (1998), checked 2026-11-09. “retains control over the security and safety of the premises”
- Texas Property Code 92.153, checked 2026-11-09. “a keyless bolting device and a door viewer on each exterior door of the dwelling”
- Texas Property Code 92.158, checked 2026-11-09. “a landlord shall repair or replace a security device on request or notification by the tenant”
- Austin Police, Safer Sixth Street Resolutions memo (June 2023), checked 2026-11-09. “The safety plan will include details on the number of security personnel and training requirements”
- TABC, File a Business Complaint, checked 2026-11-09. “Anyone can file a complaint through AIMS, no login required.”
- Texas Civil Practice and Remedies Code 33.004, checked 2026-11-09. “an unknown person committed a criminal act that was a cause of the loss or injury”
- Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility”
- Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
- Austin Police, checked 2026-11-08. “Walk-in reporting at the old APD Headquarters (715 E. 8th St.) has moved to 812 Springdale Rd.”
- Austin Police, checked 2026-11-08. “For non-emergencies use www.iReportaustin.com (Preferred).”
- Austin Police, APD Victim Services Serving our Immigrant Communities (May 2026), checked 2026-11-09. “Staff do not inquire about immigration status”
- Travis County District Attorney, Victim Services, checked 2026-11-09. “please contact Victim Services at (512) 854-9449”
- Travis County Attorney, Victim Resources, checked 2026-11-09. “In Austin: 512-936-1200”
- Texas Attorney General, checked 2026-11-09. “You're applying within 3 years of the crime”
- Texas Attorney General, checked 2026-11-09. “The CVC Program can help cover costs up to $50,000”
- Texas Attorney General, checked 2026-11-09. “this program is meant to pay only as a last option”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- CapMetro, Transit Police, checked 2026-11-08. “Non-emergency? Call (512) 474-1200, email [email protected] or visit the Austin CapMetro Police Department at 8200 Cameron Rd Ste 186A”