Negligent security in El Paso: when a property owner can answer for an attack

Can I sue a property owner in El Paso after being attacked?

Sometimes, and it is not automatic. The person who hurt you is the main wrongdoer. A property owner is responsible only if it failed to deal with a danger it should have seen coming.

The rule also reaches a landlord who keeps control of security. So a question to ask early is who ran the cameras, gates and guards. A hired security company may be a second defendant.

What should I do after an attack at an El Paso apartment or parking lot?

1. Report it to police. Texas confirms the crime was reported before its fund pays.
2. Get care. UMC is a Level 1 Trauma Center, main number (915) 544-1200.
3. Write down what was broken: a gate, a light, a lock, a camera.
4. Ask for the report from EPPD Records at 911 N. Raynor St. or (915) 212-4000.
5. File an open records request with EPPD for calls to that address.
6. Send the owner a letter asking to save video. Footage can disappear quickly.

Light is a real issue here. Report a broken city street light to El Paso Electric at (915) 543-5970 or through 311. Save the date of the report. If you lived there, a landlord must supply a keyless bolt and a door viewer on each exterior door, and must repair or replace a security device when told.

What if the attack happened at a city or public place in El Paso?

The clock is shorter and the claim is harder. The airport is a city department, and so is Sun Metro. A claim against the city needs a sworn written notice to the Mayor within 90 days, or within 6 months for good cause. The Mayor's mailing address is Post Office Box 1890, El Paso 79950, and email also works.

For other Texas public bodies the notice window is generally 6 months. Be honest with yourself about the odds. Texas waives a government's immunity only in limited situations, and a lawyer must find one that fits your facts. Public housing has its own rules. HOME is the Housing Authority of the City of El Paso, and Texas law treats a housing authority as a unit of government.

Who pays for a crime injury in El Paso if the owner is not liable?

The Texas Crime Victims' Compensation Program can help, up to $50,000. The application is due within 3 years of the date of the crime. It pays only as a last option, after other sources. EPPD's Victim Services Response Team can walk you through that form.

• EPPD Victim Assistance: 915-212-4011.
• District Attorney's Victim Assistance Program: 915-273-3553.
• Sheriff Victim Services: 915-273-3806.
• Emergence Health Network, a local crisis line listed by the county: 915-779-1800.

These offices will not decide a claim against a landlord or store, but they can help you right now and can point you to counseling.

How does fault work in an El Paso negligent security case?

Defendants often blame someone else. Texas lets a defendant name an unknown criminal as a responsible party. A jury then divides the blame. A defendant usually pays only its share, unless it is over 50 percent responsible. You get nothing if you are more than 50 percent responsible.

That math is why proof about the property matters so much. Ask a lawyer how they plan to show the owner knew, and how they will handle the blame placed on the attacker.

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