Negligent Security: $3.5M Verdict Against Texas Representative’s Company

Reg Reinoso

Author

Negligent security is a crucial aspect of premises liability, where property owners and managers can be held responsible for failing to take reasonable steps to protect tenants and visitors from foreseeable harm. When crimes or injuries occur due to inadequate safety measures, victims and their families often have legal recourse against those who failed to maintain a safe environment. 

One recent case in Houston highlights the devastating impact of negligent security. Companies owned by Texas state Representative Gary Gates were found negligent after a jury awarded $3.5 million to the family of a murdered resident at an apartment complex under Gates’ management. This case serves as a powerful reminder of the importance of maintaining proper security measures, particularly in high-risk areas.

During the trial, Gates testified that his company exceeded the Texas Apartment Association standards for property management. However, he had to admit under cross-examination that he had not actually read those standards, which, as the plaintiffs pointed out, include a recommendation to inform residents of ongoing criminal activity. Despite the history of violent crime at his apartment buildings, including armed robberies, sexual assaults, and another murder in the complex parking lot just months before the incident, management did not warn residents of these risks. The apartment complex also had no security guard, and an entry gate that had been broken for years allowed the assailants easy access to the property on the night of the murder.

The plaintiffs successfully argued that the management’s failure to address these ongoing security concerns directly contributed to the murder, and the jury found the defendant companies liable for negligent security and wrongful death.

Lessons from the Case: The Importance of Proactive Security

The tragic case illustrates a critical concept in negligent security law: the foreseeability of harm. In premises liability cases, property owners can be held accountable when harm occurs that could have been reasonably anticipated. In this situation, the history of violent crime, including robberies, sexual assaults, and a previous murder, made the risks to residents all too clear. The ongoing crime reports to management and the failure to implement basic safety measures demonstrated that the harm was not only foreseeable but preventable.

Property owners have a responsibility to protect their tenants and visitors from foreseeable harm, particularly in high-crime areas. This duty includes taking proactive steps to secure the property, such as maintaining functional security systems, installing adequate lighting, hiring security personnel, and notifying residents of potential dangers. In this case, the lack of action, despite the known risks, left residents vulnerable. Gates and his management team chose not to warn residents of the violent crimes occurring on the property, and they failed to repair a non-functional gate that could have prevented the assailants from entering the complex.

The impact of negligent security can be devastating, as seen in this case, where the failure to take reasonable security measures directly contributed to the murder of an innocent person. The $3.5 million jury verdict underscores the legal consequences for property owners who neglect their duty to protect those who live on or visit their property. This case serves as a stark reminder that proactive security is not just a recommendation, but a legal and ethical obligation to prevent foreseeable tragedies.

This information is for informational purposes only and is not a substitute for legal advice.