On someone else's property
Dallas negligent security lawyer.
If you or someone you love was robbed, assaulted or shot at an apartment complex, motel, club or parking lot, the person who did it is responsible, but the property owner may be too. Texas law can hold an owner liable when crime there was foreseeable and the owner ignored broken gates, dead lights, missing cameras or a known pattern of violence. The criminal case against the attacker is separate and does not have to finish first. We start by pulling the police call history for the property and saving the video before it is gone.
Right now
If this just happened.
- 01
Get medical care and make a police report
Ask for the report or incident number and the officer's name. The report puts the time and place on record.
- 02
Photograph the security problems
Broken gates, doors that do not lock, burned out lights, cameras that point nowhere, holes in fences, an empty guard booth. Take them soon, because owners often fix things after an incident.
- 03
Save your own records
If you live there, keep your lease, any repair requests, and any notices or emails about crime on the property. Texts with neighbors about earlier break-ins help too.
- 04
Do not give statements to the property's insurer
The owner's insurance company may call. You do not have to talk to them, and what you say can be used to blame you.
- 05
Call us privately
These cases depend on video and records that disappear. We listen, keep what you tell us confidential, and explain your options in English or Spanish. The consultation is free.
Key deadlines and numbers
- Deadline to sue the property owner
- 2 years from the attack. A wrongful death claim runs 2 years from the deathSource: Tex. Civ. Prac. & Rem. Code 16.003
- Locks a Texas landlord must provide
- Keyed deadbolts, door viewers, pin locks and other devices set by lawSource: Tex. Prop. Code 92.153
- Rekeying after a tenant moves out
- Within 7 days of the new tenant moving inSource: Tex. Prop. Code 92.156
- The attacker's share of fault
- The jury can assign a percentage to the attacker, which affects what the owner paysSource: Tex. Civ. Prac. & Rem. Code 33.003
- State help for crime victims
- The Attorney General's Crime Victims' Compensation program can pay some medical bills and lost wagesSource: Texas Attorney General, Crime Victims' Compensation
Texas law
When a property owner is responsible for a crime in Texas.
An owner is not responsible for every crime on its property. The question is whether this kind of crime was foreseeable and whether reasonable security would have made a difference. Texas courts look at the history of crime at and near the property.
| Factor | The question | Where the proof comes from |
|---|---|---|
| Proximity | Did earlier crimes happen on the property or close by? | Police call logs and offense reports by address |
| Recency | How recently did they happen? | Dates in police records, tenant complaints |
| Frequency | How many were there? | Call history, management incident logs |
| Similarity | Were they similar enough to warn of this kind of attack? | Offense types in the reports |
| Publicity | Did the owner know or have reason to know? | Emails, notices to tenants, news stories, security company reports |
Foreseeability is the key question
Texas courts weigh how close, how recent, how frequent, how similar and how well known earlier crimes were. One old, unrelated incident is usually not enough. A pattern of robberies or shootings in the same complex often is.
Apartments have specific lock duties
Texas landlords must install certain locks and rekey between tenants. A break-in through a door that never had the required lock is strong evidence.
Source: Tex. Prop. Code 92.151 to 92.170Security companies can share responsibility
If the owner hired guards or a patrol service that did not do what its contract required, that company may also be responsible and carry its own insurance.
The criminal case runs on its own track
Prosecutors handle the charges against the attacker. Your civil claim against the owner can move forward whether or not anyone is arrested or convicted.
How we work
How we build a negligent security case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Save the video and access records
Preservation letters go to the owner, the management company and any security contractor for camera footage, gate and key fob logs, and guard reports.
02
Pull the crime history
We request police calls for service and offense reports for the address and the blocks around it, going back years, to show what the owner should have expected.
03
Get the owner's own documents
Security contracts, budgets, repair requests for gates and lights, tenant complaints, internal incident reports and any security assessments the owner ignored.
04
Show what reasonable security looked like
When the case calls for it, we work with a security consultant who can explain what lighting, access control or patrols a careful owner would have used.
05
Measure the full harm
Physical injuries, trauma and counseling, lost work, and in the worst cases a family's loss. We work with medical experts, life care planners and economists when the injuries are serious.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”Questions families ask us.
- Will I have to testify in the criminal case?
- You may be called as a witness by the prosecutor. Your civil case is separate, and we coordinate so that what you say in one does not hurt the other.
- Who pays my bills now?
- Your health insurance, the state Crime Victims' Compensation program, or a doctor who agrees to wait. We help you apply and line up care.
- I am afraid to report because of my status.
- Crime victims have rights in Texas regardless of status, and a civil claim does not require papers. Some victims who help police may qualify for immigration relief. Talk to us privately about your situation.
Dallas and Odessa
Cases we see in Dallas and Odessa.
From our Oak Cliff office on Jefferson Boulevard we see assaults and shootings at apartment complexes, motels along the interstates, convenience stores, clubs and shopping center parking lots in Oak Cliff and southern Dallas. Dallas Police call history by address is often the most important record in these cases. Our Odessa office handles the same kinds of claims in Ector and Midland counties, including motels and housing that fill up with oilfield workers.
FAQ
Questions people ask.
Can I sue my apartment complex after being robbed or assaulted?
Possibly. You need to show the crime was foreseeable from prior crimes at or near the complex and that the owner failed to take reasonable steps, such as fixing gates, lights or locks. We can review the police history for the address with you.
The attacker was never caught. Do I still have a case?
Yes, a claim against the property owner does not require an arrest or conviction. The jury may still be asked to assign part of the fault to the unknown attacker.
My family member was killed. Who can bring a claim?
In Texas, a wrongful death claim belongs to the surviving spouse, children and parents. The estate may also bring the person's own claim. We are sorry for your loss, and we can explain this gently and privately.
Does it matter that I was a guest, not a tenant?
Guests of tenants and customers of businesses are usually owed the same duty of reasonable care. What matters most is whether the crime was foreseeable and whether security failures played a part.
How long do I have?
Generally two years from the attack, or two years from the death in a wrongful death case. Video and access records are lost much sooner, so call early.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Premises liability
- Parking lot accidents
- Wrongful death
- Catastrophic injuries
- Brain injuries
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.