Negligent security in Houston: when a property owner may pay after an attack

How do I prove a Houston property owner should have expected the attack?

Texas courts use five factors, and Houston makes some of the evidence easy to reach. HPD publishes a monthly breakdown of crimes it wrote reports on, sorted by police district and beat. The tables show the type of offense, date and time, block and street, and a premise code. Premise codes identify places such as apartment complexes and parking lots.

One caution. HPD's public tables describe the crimes it wrote reports on, so they miss what no one reported. Records of calls for service to one address are a separate request, and a lawyer can seek them.

Who can be responsible for an attack at a Houston apartment or business?

• The owner, if it controls the property.
• A landlord or manager that keeps control of security and safety on the premises.
• A security company, depending on what its contract promised.
• The attacker, who is responsible but often has no money.

Expect the owner to point at the criminal. Texas lets a defendant name an unknown attacker as a responsible party. A defendant usually pays only its own percentage, unless a jury finds it more than 50 percent responsible. You can recover nothing if your own share is above 50 percent.

If the property belongs to a government, the first deadline is much shorter. Texas requires notice to a governmental unit within 6 months. Public housing in Houston is run by Housing Alliance HTX, the former Houston Housing Authority. Ask a lawyer quickly if your attack happened on one of its properties or at a city or county site. The City of Houston's own notice period is 90 days.

What security must a Houston landlord provide?

Texas sets specific hardware. Each exterior door needs a keyless bolting device and a door viewer. A landlord must repair or replace a security device when a tenant asks or gives notice.

Houston's Multi-Family Habitability Program covers rentals with three or more units. Its inspectors look at exterior lighting, among other items. If lights in your complex's parking lot have been out, call 311 and keep the service number. The program receives about 3,300 to 3,600 complaints through 311 a year. A record that the owner was told before your attack can be strong proof.

What should I do after being attacked on a property in Houston?

1. Call 911, get medical care and make a police report. Ben Taub and Memorial Hermann are Level I trauma centers.
2. Ask the manager in writing to save video, gate logs and incident reports. Cameras can overwrite within days.
3. Photograph broken locks, dark lights, open gates and any missing guard post.
4. If you are a tenant, find your lease and every complaint you sent.
5. Ask HPD's Victim Services Unit for help at 713-308-0080.
6. Pull HPD's monthly tables for your beat for the past two or three years.

Can I get money from the Texas crime victim fund in Houston?

Yes, if you qualify, and you do not need a lawsuit first. The state fund can cover costs up to $50,000. It is meant to pay only as a last option, after other sources.

You must apply within 3 years of the crime, and the state confirms the crime was reported to police. If a case is pending, the Harris County District Attorney's Office can connect you with a Victim Assistance Coordinator.

What should I ask a negligent security lawyer in Houston?

• Will you pull HPD data and calls for service for this address?
• Who controlled security here, the owner, the manager or a vendor?
• How will you handle the owner blaming an unknown attacker?
• Is any government agency involved, and has my notice period started?

Questions