When you go to work each day, you have a right to expect a safe environment. But what happens when that trust is broken, not by a simple accident, but by a criminal act that could have been prevented?
If you were injured in an assault, robbery, or another attack at your workplace, a negligent security lawyer can help you understand whether your employer or property owner failed to provide reasonable protection. Under Texas law, property owners and managers have a legal duty to take steps to keep their premises safe. When they fail to meet this duty, it may be considered inadequate or negligent security.
This complex situation falls under an area of law known as premises liability, which holds property owners accountable for preventable injuries that occur on their property.
Key Takeaways about Negligent Security in the Workplace
- Under Texas law, property owners and employers have a legal duty to provide a reasonably safe environment for employees and visitors.
- Inadequate security refers to a property owner’s failure to implement reasonable safety measures, such as proper lighting, working locks, or security personnel, especially when criminal activity is foreseeable.
- Injuries from such failures can lead to a premises liability claim, which is distinct from a typical workers’ compensation case.
- Determining liability often depends on proving that the criminal act was foreseeable and that the lack of security was a direct cause of the person’s injuries.
- Individuals injured due to inadequate workplace security may be able to seek financial compensation for medical bills, lost income, and pain and suffering.
Understanding Your Employer’s Responsibility for a Safe Workplace
In Texas, the law is clear: property owners have a “duty of care” to people who are legally on their property. In simple terms, this means they must take reasonable measures to fix or warn people about dangerous conditions they know about or should know about. This concept is the foundation of “premises liability.”
While many people associate premises liability with slip and fall incidents, it covers a much broader range of situations, including injuries caused by the criminal acts of others. If an employer or property owner could have reasonably predicted that a crime might happen on their premises and did nothing to prevent it, they may be held responsible for the harm that results. The key is whether the danger was “foreseeable.”
A court will look at whether similar crimes have happened in the area or on the property before to determine if the owner should have anticipated the risk and taken steps to protect people. This responsibility is outlined within the principles of Texas law, which aims to protect individuals from preventable harm.
What Does “Inadequate Security in the Workplace” Mean?
Negligent security in the workplace isn’t just a vague feeling of being unsafe; it refers to specific, tangible failures by a property owner or business to implement common-sense safety measures. It’s about the absence of precautions that could have deterred a criminal or stopped an attack from happening.
Think about the places where you work or visit. Whether it’s a large office building in downtown Fort Worth, a retail store in the Arlington Highlands, or an industrial park in Tarrant County, certain security features are often expected. When they are missing, broken, or insufficient, it can create a dangerous opportunity for criminals.
Here are some common examples of what inadequate security can look like:
- Poor or Inoperable Lighting: Dimly lit parking lots, unlit stairwells, and dark hallways can provide cover for criminal activity, making employees and visitors vulnerable.
- Broken or Missing Locks: Failing to repair broken locks on doors, windows, or gates can give intruders easy access to the property.
- Lack of Security Personnel: In locations where crime is known to be a risk, or where large amounts of cash are handled, the absence of trained security guards can be a significant oversight.
- Non-Functioning Surveillance Systems: Installing security cameras that don’t work or are not monitored is like having no cameras at all. These systems are meant to deter crime and help identify perpetrators.
- Absence of Fences or Secured Entry Points: Failing to control access to a property with proper fencing, gates, or key-card systems can leave the workplace exposed.
- Inadequate Emergency Procedures: Not having a clear plan or providing training for employees on how to respond to threats like an active shooter or a robbery can worsen a dangerous situation.
These failures are not just minor inconveniences; they represent a breach of the duty to provide a reasonably safe environment and can have devastating consequences for anyone on the property.
The Difference Between Workers’ Compensation and a Personal Injury Claim
If you’ve been hurt at work, you have probably heard about workers’ compensation. It’s important to understand how that system differs from a personal injury claim for inadequate security.
Workers’ compensation is a type of insurance that most Texas employers carry. It is a “no-fault” system, meaning it provides benefits for medical bills and some lost wages for on-the-job injuries, regardless of who was at fault for the accident. In exchange for these benefits, employees typically cannot sue their employer directly for the injury.
However, a situation involving inadequate security is often different. Your injuries weren’t caused by a typical workplace accident; they were caused by a third party—a criminal attacker. In these cases, you may be able to file a personal injury lawsuit against the property owner or your employer for their negligence in failing to provide adequate security. This is a separate legal action from a workers’ compensation claim and allows you to seek compensation for damages that workers’ comp doesn’t cover, such as pain and suffering.
In some very specific cases involving an employer’s extreme disregard for safety, other legal options might also be available. Navigating this distinction can be complicated, but it is a critical step in understanding your rights.
Common Injuries Resulting from a Lack of Security
The harm caused by a criminal attack at work goes far beyond the initial incident. The physical and emotional trauma can have a lasting impact on your life, your family, and your ability to earn a living. The goal of a personal injury claim is to seek accountability and financial resources to help you manage these serious consequences.
Victims of workplace violence can suffer from a wide range of injuries, including:
- Physical Trauma: This can include broken bones, deep cuts, internal injuries, and other serious harm resulting from a physical assault.
- Sexual Assault or Rape: Inadequate security can create an environment where predators feel emboldened, leading to sexual assault. Survivors of this deeply violating crime endure not only potential physical injuries but also profound and lasting psychological trauma.
- Gunshot or Stab Wounds: These violent injuries often require extensive surgery, long hospital stays, and a difficult road to recovery.
- Traumatic Brain Injuries (TBIs): A blow to the head during an assault can cause a TBI, leading to long-term cognitive, physical, and emotional challenges.
- Psychological and Emotional Distress: The emotional scars from a violent attack can be just as debilitating as the physical ones. Many survivors experience Post-Traumatic Stress Disorder (PTSD), anxiety, depression, and a persistent fear for their safety.
These injuries can make it impossible to return to work, participate in activities you once enjoyed, and maintain your quality of life. Acknowledging the full scope of your suffering is a crucial part of the healing process.
How is Fault Determined in a Texas Inadequate Security Case?
Proving that a property owner is legally responsible for injuries caused by a criminal act is a complex process. It isn’t enough to show that a crime happened on their property. Instead, you and your legal team must demonstrate that the property owner was negligent and that their negligence was a direct cause of your injuries.
The central question is foreseeability. Could a reasonable property owner have predicted that this type of crime was a real possibility? To answer this, several factors are considered:
- Prior Crimes: Had similar crimes (assaults, robberies, etc.) occurred on the property or in the immediate vicinity before? A history of criminal activity can establish that the owner should have been aware of the risk.
- Property’s Character: Is the business one that is known to be a target for crime, such as a convenience store, bank, or a bar that serves alcohol late at night?
- Security Failures: Were specific security measures broken, absent, or ignored? This could be anything from burned-out lights that were never replaced to a security guard who was not at their post.
To build a strong case, evidence is key. This might include police reports, crime statistics for the area, maintenance records for locks and cameras, company emails about security concerns, and testimony from security professionals who can state what reasonable security measures should have been in place.
What Kind of Compensation Could Be Available?
No amount of money can erase the trauma of being a victim of a violent crime. However, the legal system provides a way to secure financial resources to help you cope with the immense burdens that follow. This financial recovery, called “damages,” is intended to compensate you for your losses and help provide stability for your future.
If a property owner is found liable for inadequate security in the workplace, you may be able to recover compensation for several types of damages:
- Economic Damages: These are the tangible financial losses you have suffered. This category includes all past and future medical expenses, lost wages from being unable to work, and compensation for any diminished ability to earn income in the future due to your injuries.
- Non-Economic Damages: These damages are meant to compensate for the non-financial harm you have endured. This can include physical pain and suffering, emotional anguish, mental distress, scarring or disfigurement, and the loss of enjoyment of life.
Every case is unique, and the specific compensation available will depend on the details of your situation and the extent of your injuries. The goal is to provide the support you need to focus on your recovery without the added stress of overwhelming financial pressure.
FAQs: Negligent Security in the Workplace
Here are answers to some common questions about injuries caused by a lack of workplace security.
If you were assaulted by a coworker, the situation can be very complicated. Your employer may be held liable if they knew or should have known about the employee’s violent tendencies. This could involve evidence that the employer failed to conduct a proper background check or ignored previous threats or aggressive behavior from that employee.
In Texas, the time limit for filing a personal injury lawsuit, known as the statute of limitations, is generally two years from the date of the injury. If you miss this deadline, you will likely lose your right to seek compensation. It is crucial to act promptly to protect your rights.
Yes. Property owners in Texas owe a duty of care not only to their employees but also to customers, clients, delivery drivers, and anyone else legally on their property (known as “invitees”). If you were a non-employee who was lawfully on the premises and were injured due to inadequate security, you may have a valid premises liability claim.
Not necessarily. While workers’ compensation is the exclusive remedy for many typical on-the-job accidents, it does not always apply to injuries caused by a third-party criminal actor or in cases of an employer’s gross negligence. An experienced attorney can help you determine if your situation allows you to pursue a personal injury lawsuit in addition to or instead of workers’ comp benefits.
The presence of non-functional security equipment can be strong evidence of negligence. It suggests that the property owner recognized the need for security but failed to maintain it properly. This creates a false sense of security and can be a key factor in proving that the owner breached their duty of care.
You Deserve to Feel Safe. Let Us Help You Find a Path Forward.
Surviving a violent crime is a life-altering experience. While we can’t change what happened, we can help you hold the responsible parties accountable and fight for the resources you and your family need to move forward.
At Branch & Dhillon, P.C., we are dedicated to representing people who have been harmed by the negligence of others. We understand the physical, emotional, and financial toll an attack can take. Our personal injury attorneys are here to listen to your story with compassion and provide the determined legal advocacy you need.
We handle every case on a contingency basis, which means you pay absolutely nothing unless we win your case. Contact us today at (817) 533-3430 or through our online form for a free, confidential consultation to discuss your rights and explore your options.