Texas Premises Liability Verdicts & Landmark Cases

972 S.W.2d 749 — the controlling negligent-security test

After a tenant was assaulted at a Houston-area complex, the court set the five-factor foreseeability test — proximity, recency, frequency, similarity, and publicity of prior crimes — that governs every Texas negligent-security case.

Why it matters to your case: This case defines exactly the evidence a victim must gather: prior crime reports, police calls to the property, and what management knew. It’s the roadmap for holding a negligent property owner accountable.

Source: Timberwalk v. Cain, 972 S.W.2d 749 (Tex. 1998)

81 S.W.3d 812 — the slip-and-fall notice standard

A shopper slipped on a spill at a store snack bar. An employee had been within a few feet moments earlier but hadn’t noticed it. The court held that mere proximity isn’t enough — a plaintiff must show the hazard existed long enough for the store to have discovered it.

Why it matters to your case: Documenting how long a spill was on the floor — through video, logs, or witnesses — is essential to a Texas slip-and-fall claim.

Source: Wal-Mart v. Reece, 81 S.W.3d 812 (Tex. 2002)

$4.3 million negligent-security verdict

Intruders entered a Harris County apartment complex through broken security gates, past dead cameras and inadequate lighting, and killed a resident. Management knew of prior crimes and did nothing. The jury split liability 35% to the owner and 65% to its security contractor. (Cause No. 2017-08414, as reported by trial counsel.)

Why it matters to your case: When management knows about prior crime and ignores broken gates, dead cameras, and poor lighting, both the owner and its security company can be held liable under the Timberwalk framework.

Source: Doyle Dennis Avery LLP — $4.3M verdict