Attacked at a McAllen bar or apartment? Negligent security rules and finding a lawyer

A Texas owner owes a security duty only when crime there was unreasonable and foreseeable, so past incidents decide most cases. Ask for them in writing through the City of McAllen's records office. You generally have 2 years to sue. Texas victim funds require a police report.

Last checked November 9, 2026 · Official sources (29)

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Road map of McAllen showing city streets and neighborhoods, where past police calls at an address can decide a security claim
Past crimes at the property decide most McAllen security claims. Map data © OpenStreetMap contributors.

When can I sue a McAllen property owner after an assault?

Being hurt on someone's property is not enough. Texas asks whether the risk of crime there was so great that it was both unreasonable and foreseeable. The owner, or a landlord who kept control of security, has to have been in a position to act.

What courts look atA McAllen example of what to ask
ProximityWere there prior crimes in this lot or complex, or only across town?
RecencyHow many in the last few years?
FrequencyOne fight or a steady pattern of police calls?
SimilarityWas it the same kind of violence, or only car break-ins?
PublicityDid the owner know? Were there complaints, tenant emails or news stories?

How do I find past crimes at a McAllen address?

  1. Write down the exact address, the business name and a date range. A public information request to the city must be in writing.
  2. Send it through the city's portal or take it to the City Secretary's Office on the 2nd floor of City Hall. Ask for police calls for service at that address.
  3. Get your own police report from the Crime Records Unit, 1601 N. Bicentennial Blvd. Call (956) 681-2080 to see if it is ready.
  4. If the property is outside city limits, contact the Hidalgo County Sheriff at (956) 383-8114.
  5. Ask the owner in writing to save its video, guard logs and incident reports. Do this in the first days, since cameras often record over old footage.

Some police records may be held back while a case is open. Ask anyway, and keep the city's answer.

Does McAllen require security at bars and nightclubs?

We did not find a McAllen rule that sets a number of guards. City permit guidelines for bars, nightclubs and similar businesses do say they should do everything possible to discourage crime on the site and next door, including enough lighting and no dark areas. That language helps you ask whether the owner met what the city expected. By itself it does not prove your claim.

If the attacker had been drinking, you may also have a claim against the seller under the Texas dram shop law, and that has its own proof rules. Report the sale to TABC if you saw it.

What security must a McAllen apartment provide?

Texas requires a keyless bolt and a door viewer on each exterior door, and a landlord must repair or replace a security device when told it is broken. Tell the landlord in writing, and keep a copy. The city housing code also requires buildings to be kept safe and sanitary, and residents can report a bad property by calling 3-1-1 inside the city.

Who pays when the attacker is never caught in McAllen?

The owner's liability insurer pays if you win or settle. Expect a fight about shares of blame. A defendant can name an unknown criminal as a responsible party, and Texas defendants usually pay only their own percentage. A defendant found over 50% responsible can owe the whole recoverable amount. Your own share must stay at 50% or less.

If the attack happened on government property, such as a city park or garage, a notice deadline applies. It is six months at most, and a city can set less. File with Risk Management at (956) 681-1410.

Can crime victims in McAllen get help with medical bills?

Yes, separately from any lawsuit. The Texas crime victims fund can cover costs up to $50,000. You must apply within 3 years of the crime, and it pays only after other sources. The Hidalgo County District Attorney's Victims Unit at (956) 292-7600 can help with the application.

For your records, DHR Health's medical records office is at 956-362-3448. South Texas Health System McAllen is a Level I trauma center, which matters if you were taken by ambulance.

Questions

How long do I have to sue for negligent security in McAllen?

Generally 2 years. Government property needs notice within six months at most.

Can I sue if the attacker was never found?

Possibly. The owner can point to an unknown criminal, and the jury then divides responsibility.

Do I need a police report in McAllen?

It is required for the state victims fund, and it also starts the record your claim needs.

Does the city keep crime records by address?

Ask for calls for service at the address in a written request to the city.

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Sources (29)

  1. 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.”
  2. City of McAllen, Public Information Request, checked 2026-11-09. “A public information request must be in writing.”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. Texas Attorney General, checked 2026-11-09. “We confirm that a crime happened and that it was reported to law enforcement.”
  5. Texas Supreme Court opinion, No. 15-0197, checked 2026-11-09. “proximity, recency, frequency, similarity, and publicity”
  6. Texas Attorney General, checked 2026-11-09. “You're applying within 3 years of the crime”
  7. Texas Attorney General, checked 2026-11-09. “The CVC Program can help cover costs up to $50,000”
  8. Texas Supreme Court, Timberwalk Apartments v. Cain (1998), checked 2026-11-09. “retains control over the security and safety of the premises”
  9. City of McAllen, Public Information Request, checked 2026-11-09. “McAllen City Hall, City Secretary’s Office (2nd Floor) 1300 Houston Ave”
  10. McAllen Police Department, Crime Records Bureau, checked 2026-11-08. “The Crime Records Unit is located at 1601 N. Bicentennial Blvd”
  11. McAllen Police Department, FAQ, checked 2026-11-08. “inquiry on the status of your report at (956) 681-2080”
  12. Hidalgo County Sheriff’s Office, checked 2026-11-08. “711 El Cibolo Rd.”
  13. City of McAllen, Planning Department, Bars and Liquor Stores Conditional Use Packet, checked 2026-11-09. “should do everything possible and be designed to discourage criminal activities and vandalism, both on the site and on adjacent properties. Included would be provision of sufficient lighting and perimeter fencing, elimination of dark areas”
  14. Texas Alcoholic Beverage Commission, File a Business Complaint, checked 2026-11-09. “Selling alcoholic beverages to minors or intoxicated people.”
  15. Texas Property Code 92.153, checked 2026-11-09. “a keyless bolting device and a door viewer on each exterior door of the dwelling”
  16. 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”
  17. City of McAllen Code, Ch. 22, Art. VIII, Housing Code, checked 2026-11-09. “All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition.”
  18. City of McAllen, McAllen 311, checked 2026-11-08. “by dialing 3-1-1 on their mobile or land line while within city limits”
  19. 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”
  20. 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”
  21. 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”
  22. 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”
  23. 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”
  24. City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
  25. Texas Attorney General, checked 2026-11-09. “this program is meant to pay only as a last option”
  26. Hidalgo County District Attorney, Victims Unit, checked 2026-11-09. “100 East Cano St. Edinburg, TX 78539 956-292-7600”
  27. Hidalgo County District Attorney, Victims Unit, checked 2026-11-09. “assist them in applying for crime victims compensation”
  28. DHR Health, Medical Records, checked 2026-11-08. “you can reach us at 956-362-3448”
  29. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”

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