When someone is injured or killed due to a crime or dangerous condition on business property in Texas, one of the most important legal questions is whether the incident was foreseeable. Foreseeability is a key element in many premises liability and negligent security claims — especially when violent crimes like assaults, robberies, or shootings occur.
Texas courts have long recognized that property owners and businesses are not automatically responsible for every accident or crime on their premises. However, if a risk was foreseeable — meaning it was reasonably likely to happen — then the property owner may have a legal duty to take steps to prevent harm.
This article explains what foreseeability means in Texas premises liability law, why it matters for victims, and how it affects your ability to bring a successful claim.
What Does Foreseeability Mean in Premises Liability?
In the context of Texas law, foreseeability refers to whether a reasonable property owner should have anticipated the danger that caused the injury or crime.
If similar crimes or accidents had happened in the past — either on the same property or nearby — then the risk is often considered foreseeable.
Foreseeability may also arise when:
- The business is located in a high-crime area
- There have been repeated police calls to the property
- The owner has been warned about previous incidents
- Employees have reported safety concerns
- The risk is obvious based on the property’s conditions (e.g., dark parking lots, broken locks, no cameras)
Why Foreseeability Is Critical in Negligent Security Claims
Texas law does not require businesses to be insurers of customer safety. But if a crime is foreseeable — and the property owner fails to take reasonable steps to prevent it — then liability may attach.
For example:
- If a convenience store has a history of robberies but provides no security cameras or lighting, a new robbery may be foreseeable.
- If an apartment complex has repeated assaults in its parking lot but refuses to add security patrols or repair broken gates, any new attack may be foreseeable.
- If a hotel ignores reports of trespassers or violent incidents on its property, a subsequent crime could lead to liability.
Foreseeability puts the responsibility on the business or property owner to take action — to repair dangerous conditions, increase security, or warn customers of known risks.
How Courts Determine Foreseeability in Texas
Courts look at a number of factors when evaluating whether an incident was foreseeable:
1. Prior Similar Crimes
One of the strongest indicators of foreseeability is a documented history of the same type of crime happening at or near the property.
2. Crime Statistics for the Area
Public crime data, police reports, and 911 call records can show whether the property is located in a high-risk area.
3. Knowledge of the Property Owner
Was the property owner aware of prior incidents? Did employees complain or warn management? Did the owner ignore maintenance or security issues?
4. Nature of the Business
Some businesses — like gas stations, ATMs, bars, and late-night stores — have an inherently higher risk of crime. Owners should recognize this risk and respond appropriately.
What Happens If a Crime or Injury Was Foreseeable?
If it’s determined that the incident was foreseeable and the property owner failed to act reasonably, the injured party may have a valid claim for damages.
Compensation may include:
- Medical bills and hospital expenses
- Lost wages or loss of future earning capacity
- Pain and suffering
- Emotional distress, PTSD, or mental anguish
- Wrongful death damages for surviving family members
These claims are designed to hold negligent property owners accountable for failing to protect people from preventable harm.
Why Victims Should Act Quickly
Premises liability cases — especially negligent security claims — are time-sensitive. Evidence of prior crimes, surveillance footage, maintenance records, and witness statements must be gathered quickly.
In Texas, most premises liability claims have a two-year statute of limitations — meaning you must file your case within two years of the incident. However, waiting can allow evidence to disappear or be destroyed.
Contact Spagnoletti Law Firm for Help With Premises Liability Claims
If you or a loved one has been injured due to a crime or dangerous condition on someone else’s property, Spagnoletti Law Firm is here to help. Our attorneys have experience handling premises liability and negligent security cases throughout Houston and Texas.
We will thoroughly investigate your case, evaluate whether the incident was foreseeable, and fight for the compensation you deserve.
📞 Call us today at 713-804-9306 for a free consultation. There are no legal fees unless we recover for you.
Your safety matters. Your rights matter. Let us help protect both.