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What is the Statute of Limitations for Negligent Security Claims in Texas?

by | Jun 2, 2024 | Firm News

If you or a loved one has been the victim of a violent crime on someone else’s property in Texas, it is important to act quickly. Like all legal claims, negligent security cases must be filed within a specific time limit — known as the statute of limitations.

Failing to file your lawsuit within this time frame can result in your case being dismissed, no matter how strong your evidence is.

Here is what you need to know about the statute of limitations for negligent security claims in Texas.

What is the Statute of Limitations in Texas for Personal Injury Claims?

In most cases, Texas law gives victims of personal injury — including negligent security — two years from the date of the incident to file a lawsuit.

This two-year deadline applies to:

  • Assaults and attacks on business property
  • Robberies or shootings in parking lots or public areas
  • Injuries from unsafe conditions leading to crime
  • Any injury claim arising from a property owner’s negligence

The clock starts running on the date the injury or attack occurred.

What is the Statute of Limitations for Wrongful Death Claims?

If a violent crime resulted in the death of a family member, surviving family members have two years from the date of death to file a wrongful death lawsuit.

Wrongful death claims are often brought alongside negligent security claims when a property owner’s failure to provide security led to a fatal crime.

Why is the Statute of Limitations So Important?

Texas courts strictly enforce the statute of limitations. If you try to file your lawsuit after the deadline has passed:

  • The court will almost always dismiss the case.
  • You lose your right to recover compensation for your injuries or losses.
  • Insurance companies and property owners have no obligation to negotiate or settle the claim.

This is why it’s essential to consult with a lawyer as soon as possible after an attack or injury.

Are There Any Exceptions to the Statute of Limitations?

In very limited situations, Texas law may allow the statute of limitations to be extended. These exceptions are rare and difficult to apply.

Possible exceptions may include:

Discovery Rule

If a victim did not discover — and could not have reasonably discovered — the injury or connection to negligence until later, the clock may start from the date of discovery.

However, in most negligent security claims, the injury and circumstances are immediately apparent.

Minor Victims

If the victim was under 18 at the time of the incident, the statute of limitations may not begin until they turn 18.

Why Should I Contact a Lawyer Sooner Rather Than Later?

Waiting too long to contact a premises liability attorney can seriously harm your case — even if you are still within the two-year deadline.

Critical evidence can disappear quickly after a crime, including:

  • Security camera footage being erased
  • Witnesses becoming unavailable or forgetting details
  • Physical evidence being repaired or altered
  • Crime reports or maintenance records being lost

By contacting a lawyer early, you increase your chances of gathering strong evidence to support your claim.

What Compensation is Available in a Negligent Security Claim?

If your lawsuit is filed on time, you may be entitled to recover compensation for:

  • Medical bills
  • Lost income or loss of future earning ability
  • Pain and suffering
  • Emotional distress or PTSD
  • Permanent disability or disfigurement
  • Wrongful death damages (if applicable)

Contact Spagnoletti Law Firm for Help With Negligent Security Claims

If you or a loved one has been injured due to a crime on someone else’s property, do not wait to seek legal guidance. The sooner you act, the better chance you have of preserving your rights and recovering full compensation.

At Spagnoletti Law Firm, we represent victims of crime throughout Houston and across Texas. We know how to investigate these cases, build strong claims, and hold property owners accountable for their failures.

Call us today at 713-804-9306 for a free consultation. There are no legal fees unless we win your case. Don’t risk losing your right to justice — contact us now and let us fight for you.