What To Know About Landlord Liability After A Crime
You never expect it to happen where you live. One minute, it’s just another night — and the next, everything changes. The crime itself is shocking enough, but what lingers is the fear, the anger, and the question that keeps playing in your mind: could this have been prevented? If this has happened to you, our Stafford, TX personal injury lawyer is here to help.
Maybe you’d told your landlord that the gate lock was broken. Maybe the lights in the car park hadn’t worked for months. Maybe you’d raised safety concerns that never got a proper response. And now, after being injured during a crime on the property, you’re left wondering whether your landlord’s neglect made you more vulnerable.
You’re not wrong to ask that question.
In Texas, landlords have a legal duty to take reasonable steps to keep tenants and visitors safe from foreseeable harm — and that includes certain types of criminal acts. When they ignore obvious safety risks or fail to maintain basic security measures, they may be legally liable for injuries that occur as a result.
In this article, you’ll learn when a landlord can be held responsible for a crime-related injury, what the law says about negligence and foreseeability, and how to begin exploring an injury claim if you think your landlord’s inaction played a part in what happened.
Understanding Landlord Liability For Criminal Acts
In Texas, landlord liability refers to a situation where a property owner can be held legally responsible for injuries that occur on their property — not because they committed the crime, but because they failed to take reasonable steps to prevent foreseeable harm.
What “Foreseeable Harm” Really Means
The word foreseeable is key here. It means that the risk of crime wasn’t out of the blue — there were signs, warnings, or conditions that made it predictable something bad could happen.
For example:
- The apartment complex had repeated break-ins or assaults nearby, but the landlord didn’t fix broken gates or add lighting.
- Tenants complained about unsafe conditions for months, but nothing was done.
If a landlord knows (or should reasonably know) that crime is likely and fails to improve safety, Texas law says they may have breached their duty of care to tenants.
What Texas Courts Have Said
In Timberwalk Apartments v. Cain (1998), the Texas Supreme Court clarified that landlords are not automatically responsible for crimes committed by others. However, they can be held liable if the crime was foreseeable and they failed to take reasonable steps to prevent it.
The court identified several factors for determining foreseeability:
- Proximity: How close were previous crimes to the property?
- Recency: How recently did those crimes occur?
- Frequency: How often had similar crimes happened?
- Similarity: Were the previous crimes similar to the one that caused the injury?
- Publicity: Were those crimes well-known enough that the landlord should have been aware?
In short, landlords don’t have to predict the future — but they do have to pay attention to what’s happening around their property.
Negligence and the Duty of Care
Negligence means failing to act as a reasonably careful person would under the same circumstances. For landlords, this can include:
- Ignoring reports of broken locks or gates.
- Failing to maintain lighting in common areas.
- Ignoring repeated safety complaints.
When that negligence directly contributes to an injury during a crime, a premises liability claim may arise.
Why This Matters for Injury Claims
To hold a landlord legally responsible, you must show that the crime was foreseeable and that the landlord’s negligence played a part in your injuries.
When A Landlord Can Be Held Liable For Injuries After A Crime
Not every crime that happens on rental property is the landlord’s fault. But under Texas law, a landlord can be held liable if their negligence or failure to provide reasonable security contributed to your injuries.
- The crime was foreseeable.
If a landlord knew about prior assaults, robberies, or break-ins and did nothing to improve safety, the crime that injured you may be considered foreseeable.
- The landlord failed to take reasonable security measures.
Texas landlords must take basic precautions to protect tenants — working locks, lighting, and secure gates. Neglecting these measures can amount to negligence.
- The negligence directly caused the injury.
There must be a clear connection between the landlord’s failure and your injury — known as causation.
- The injured person was lawfully on the property.
Landlords owe their duty of care to tenants and lawful visitors, not trespassers.
How These Factors Are Proven
Evidence often includes:
- Police reports of previous crimes.
- Maintenance requests or emails showing the landlord knew of hazards.
- Photos or videos of unsafe conditions.
- Witness statements confirming long-term issues.
When A Landlord Is Not Liable
Landlords are not automatically liable for every crime on their property.
- The crime wasn’t foreseeable.
If no prior incidents occurred and the area was low-risk, liability likely doesn’t apply.
- Reasonable precautions were taken.
If the landlord kept lighting, locks, and gates in good repair, they may have fulfilled their legal duty — even if a crime occurred.
- The landlord had no control.
Crimes outside property boundaries or in areas not managed by the landlord generally don’t create liability.
- The injured person wasn’t lawfully on the property.
Landlords owe less duty to trespassers or unauthorized individuals.
- The crime was truly unpredictable.
If there was no way the landlord could have predicted or prevented the crime, the law doesn’t hold them responsible.
Proving Negligence In An Injury Claim
To win an injury claim, you must prove four things:
- Duty of care – The landlord had a legal duty to keep the property reasonably safe.
- Breach of duty – They failed to meet that duty.
- Causation – Their failure contributed to the crime that caused your injury.
- Damages – You suffered measurable harm.
Evidence That Supports Your Claim
- Maintenance requests and tenant complaints.
- Police and incident reports.
- Photos, videos, and witness statements.
- Medical records and bills.
Timing Matters
Texas has a two-year statute of limitations for personal injury claims. Acting early protects your rights and helps preserve evidence.
Steps To Take After Being Injured
- Get medical attention immediately.
- Report the crime to the police.
- Document unsafe conditions.
- Gather witness information.
- Notify your landlord in writing.
- Preserve all evidence.
- Seek legal advice early.
Each of these steps strengthens your position if you decide to pursue a claim.
Holding Negligence Accountable
Being injured in a crime is traumatic enough without wondering whether it could have been prevented. Texas law doesn’t expect landlords to stop every crime, but it does expect them to act responsibly when danger is foreseeable.
If a landlord’s negligence left you vulnerable to harm, you have the right to ask questions — and to seek justice.
You can’t change what happened, but by holding negligence accountable, you can help protect yourself and others in the future. If you or someone you love has been injured because of someone else’s negligence, reach out to Culpepper Law Group today.
