Are Texas Employers Liable for Negligent Security at the Workplace?

In Texas, workplace safety is an essential concern for both employees and employers. While workers expect their workplaces to be free from hazards, not all dangers come from machinery or the environment. Sometimes, the risk comes from the lack of proper security. This can include situations where employees are exposed to criminal activity, theft, or even violent attacks due to insufficient security measures. The question then arises: are Texas employers liable for negligent security at the workplace? Understanding the legal responsibilities of employers in these situations is crucial for both workers and business owners. At, Willumsen Law Firm, P.C. , we are here to guide you through the legal process and help you navigate the complexities of your case.

What is Negligent Security?

Negligent security refers to a situation where a property owner or employer fails to provide adequate safety measures to protect individuals from foreseeable harm. This could be the failure to install proper lighting, neglecting to maintain security cameras, or not hiring security personnel in areas where crime rates are high. When these safety measures are lacking, employees and visitors are left vulnerable to criminal activity that could have been prevented.

For example, an employer may be held responsible if a worker is assaulted in a parking lot because the area was poorly lit, or if a security camera was broken and not fixed in a timely manner. In these cases, it can be argued that the employer did not take reasonable steps to keep their employees safe, thus exposing them to unnecessary risk. Texas law allows victims of such negligence to seek compensation if it can be proven that the employer failed to uphold their duty of care.

Employer’s Duty of Care

Texas law imposes a duty of care on employers to provide a safe working environment for their employees. This duty extends beyond just protecting workers from hazards related to their job tasks. It also includes ensuring the premises are reasonably safe from criminal acts. While employers cannot control every potential threat, they are expected to take reasonable steps to prevent harm, especially if they know or should know about security risks.

If an employer is aware of previous criminal activity in the area or if their business is located in a region with a higher crime rate, they may be expected to increase security measures. This could involve installing better lighting, hiring security guards, or ensuring that security cameras are functioning properly. Failure to do so could lead to an employer being held liable if an employee becomes a victim of a crime due to the lack of adequate protection.

Fred Willumsen

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Helping Injury Victims for Over 25 Years

My focus is to give a voice to families who have suffered a wrongful death or a serious injury to a family member caused by an 18-Wheeler, commercial truck, or a drunk driver. 

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Fred Willumsen

Managing Attorney 

Helping Injury Victims for Over 25 Years

My focus is to give a voice to families who have suffered a wrongful death or a serious injury to a family member caused by an 18-Wheeler, commercial truck, or a drunk driver. 

Contact us today, we can help you.

Proving Negligent Security

For a claim of negligent security to succeed in Texas, the victim must prove certain elements. First, it must be shown that the employer had a duty to provide security and failed to do so. This involves demonstrating that the risk of harm was foreseeable and that reasonable security measures were not in place. For instance, if an employer knows that there have been multiple break-ins or assaults near their workplace, they should take steps to mitigate that risk.

Secondly, the victim must show that this failure directly caused the injury or harm they suffered. This means establishing a clear link between the lack of security and the criminal act that occurred. For example, if an employee was attacked in a poorly lit parking lot, it must be proven that better lighting could have deterred the crime or allowed the employee to avoid the danger.

Lastly, the victim must prove that they suffered actual harm, whether physical, emotional, or financial. This could include injuries sustained during an attack, emotional trauma, or medical expenses incurred as a result of the crime. The goal is to hold the employer accountable for their failure to protect their workers when they had the opportunity and responsibility to do so.

Examples of Negligent Security in the Workplace

There are many ways in which negligent security can manifest in the workplace. One common example is inadequate lighting in parking areas. Employees who leave work late at night might be more vulnerable to assaults or theft if the parking lot is not well-lit. Another example could be a business that fails to repair broken locks on doors, making it easier for criminals to enter the premises.

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Lack of security cameras or malfunctioning cameras is another issue that can lead to negligent security claims. Employers who fail to install cameras in areas with a known security risk or do not maintain existing equipment leave their workers vulnerable. Similarly, businesses located in high-crime areas may need to hire security personnel to patrol the premises. If an employer neglects to provide this level of protection, they may be liable if an employee is harmed.

The Role of Foreseeability

A key element in negligent security cases is foreseeability. This refers to whether the employer could have reasonably anticipated that a crime might occur. If there have been previous crimes on or near the property, this increases the likelihood that an employer should foresee the need for security measures. For example, if a series of car break-ins has occurred in a company’s parking lot, it would be reasonable to expect the employer to increase security, such as by installing cameras or hiring security personnel.

However, if the crime was truly unpredictable, the employer may not be held liable. Texas courts will consider factors like the location of the business, the crime rate in the area, and any past incidents that might have put the employer on notice about potential security risks. If an employer had no way of knowing that a crime was likely to happen, they may be able to avoid liability.

Legal Consequences for Employers

If an employer is found liable for negligent security, they could face significant financial consequences. Victims may be entitled to compensation for medical expenses, lost wages, and pain and suffering. In some cases, employers might also be required to pay punitive damages, which are intended to punish particularly reckless behavior.

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Beyond the financial implications, being found liable for negligent security can harm a business’s reputation. Employers have a responsibility to protect their workers, and failing to do so can lead to lawsuits, negative publicity, and a loss of trust from employees and customers alike. For this reason, it is in the best interest of businesses to take security seriously and to implement measures that protect everyone on the premises.

Employee Rights in Texas

Texas employees have the right to a safe work environment. If they believe their employer has failed to provide adequate security, they may have grounds for a legal claim. Victims of negligent security can seek compensation through a lawsuit, but the process can be complex. It is important for employees to document their experiences, including any previous complaints they may have made about security concerns.

Employees also have the right to report unsafe conditions to local authorities or workplace safety organizations. By doing so, they may help prevent future incidents from occurring. In some cases, employers may be required to make immediate improvements to their security measures to protect their workforce from harm.

How Employers Can Prevent Negligent Security Claims

Employers can take several steps to reduce the risk of negligent security claims. One of the most important is conducting regular security assessments to identify potential risks. This might involve evaluating lighting, ensuring that security cameras are functioning properly, and hiring security personnel if necessary. Employers should also stay informed about crime trends in their area and adjust their security measures accordingly.

Providing training for employees on safety procedures can also be effective. Workers should be encouraged to report any security concerns and to be aware of their surroundings. When employers take proactive steps to protect their employees, they not only reduce the risk of legal claims but also create a safer and more productive work environment.

Negligent security is a serious issue that can have devastating consequences for employees. While employers cannot control every aspect of workplace safety, they are responsible for taking reasonable steps to protect their workers from foreseeable dangers. In Texas, businesses that fail to provide adequate security measures may be held liable if their employees are harmed as a result. If you or someone you know has been a victim of negligent security in the workplace, it is important to seek legal advice to understand your rights.

At Willumsen Law Firm, P.C., we understand the complexities of negligent security claims and are here to help. Our team is dedicated to ensuring that victims of workplace negligence receive the compensation they deserve. If you have questions about your case or need legal representation, contact us today to discuss your options.

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