The Law Office of Blerim Elmazi
Can You Sue an Apartment Complex for Sexual Assault in Texas?
Sexual assault at an apartment complex is devastating. Beyond the trauma itself, many survivors are left wondering whether the property owner or management company could have done more to prevent it.
Under Texas law, the answer is: yes, you can sue an apartment complex for sexual assault. When a landlord fails to provide reasonable security measures and that failure contributes to an assault, they may be held financially responsible through a civil lawsuit.
This guide explains when an apartment complex may be liable, what negligent security means under Texas law, and what steps you should take if you are considering legal action.
When Is an Apartment Complex Legally Responsible?
Apartment complexes are not automatically responsible for every crime that happens on their property. However, Texas law requires property owners to take reasonable steps to protect tenants and visitors from foreseeable criminal activity.
The key issue in most of these cases is foreseeability.
If prior criminal activity occurred on or near the property, and management failed to address known risks, the complex may be liable. Courts often look at:
- Prior assaults or violent crimes on the property
- Police calls for service
- Broken gates or fencing
- Poor lighting in parking lots or stairwells
- Non-functioning security cameras
- Failure to respond to tenant complaints
- Inadequate security patrols
When property owners ignore known safety risks, they may be held accountable through a negligent security lawsuit.
What Is Negligent Security in Texas?
Negligent security is a type of premises liability claim. It arises when a property owner fails to implement reasonable security measures despite knowing or having reason to know that criminal activity is likely.
For example, an apartment complex may be negligent if:
- Entry gates are broken and left unrepaired
- Exterior doors do not properly lock
- Lighting is insufficient in common areas
- Security cameras are installed but not monitored
- Management ignores repeated complaints about suspicious activity
In these cases, the lawsuits do not allege that the apartment complex committed the assault. Instead, it argues that their failure to provide adequate security contributed to the assault happening.
These claims can be complex and require a detailed investigation of the property’s history and management practices.
Can You Sue If the Attacker Was Another Tenant?
Yes. Even if the assault was committed by another tenant, the apartment complex may still be liable in certain circumstances.
For example, liability may arise if:
- Management knew about prior violent behavior
- There were documented complaints about the tenant
- The complex failed to enforce lease violations
- The property had inadequate access controls
Apartment complexes have a duty to maintain reasonably safe premises. If they knowingly allow dangerous conditions to persist, they may share responsibility.
What Evidence Helps Prove Liability?
Negligent security cases often hinge on documentation and records. Strong evidence may include:
Prior Crime Reports
Police reports showing previous assaults or violent crimes on the property can help establish foreseeability. Courts often evaluate whether similar incidents occurred before the assault in question.
Maintenance and Repair Records
Broken locks, damaged gates, or lighting issues that were reported but not fixed can support a negligence claim as well.
Surveillance Footage
Security camera footage may show how the incident occurred, how long areas remained unsecured, or whether the cameras were even functioning at the time.
Tenant Complaints
Emails, maintenance requests, or written complaints about safety concerns can demonstrate that management was aware of risks.
Expert Testimony
Security experts may evaluate whether the property’s safety measures meet reasonable standards.
An experienced attorney can obtain these records through formal legal discovery once a lawsuit is filed.
What Compensation Can You Recover?
A civil lawsuit against an apartment complex focuses on financial compensation for the harm suffered. Depending on the circumstances, survivors may seek damages for:
- Medical expenses
- Therapy and counseling costs
- Lost income
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
- Long-term psychological trauma
In cases involving particularly reckless conduct, punitive damages may also be available.
Because apartment complexes typically carry commercial liability insurance, these cases often involve insurance negotiations rather than relying solely on the perpetrator’s personal assets.
How Long Do You Have to File a Lawsuit?
Texas law imposes deadlines for filing civil lawsuits, known as the statute of limitations. In most personal injury cases, including negligent security claims, there is a limited window to file.
However, cases involving sexual assault can involve additional legal considerations, particularly when the survivor was a minor at the time of the assault.
Because deadlines can vary depending on the facts, it is important to consult with a civil attorney as soon as possible. Waiting too long may limit your legal options.
What to Do After a Sexual Assault at an Apartment Complex
If you are considering legal action, taking the right steps early can strengthen your case.
- Seek medical care and preserve medical records.
- Report the incident to law enforcement if you feel comfortable doing so.
- Document unsafe conditions, such as broken gates or poor lighting.
- Avoid discussing the incident with the property’s insurance company before speaking with a lawyer.
- Contact an attorney experienced in negligent security and civil sexual assault cases.
Even if time has passed, it may still be worth having your case evaluated.
Contact a Texas Attorney About Your Options
If you or a loved one experienced sexual assault at an apartment complex in Texas, you may have legal options beyond criminal prosecution. A civil lawsuit can provide financial recovery and hold negligent property owners accountable.
Elmazi Law represents clients throughout Texas in civil rights and premises liability cases. Consultations are confidential, and you can discuss your situation privately before deciding how to proceed.
If you would like to explore whether you can sue an apartment complex for sexual assault in Texas, contact our office for a confidential consultation.