Liability · Insurance Term
Negligent Security (Inadequate Security)
Definition
Negligent security is a claim that a property owner failed to take reasonable steps to protect people from foreseeable crime, such as an assault in a parking lot. It is a common and costly lawsuit for apartments, hotels, gas stations and shopping centers.
In Plain English
If someone is attacked on your property, they may sue you, not just the attacker. Their claim is that you should have known crime was likely and failed to act, for example with lighting, locks, cameras, fencing or security staff. It is a type of premises liability claim.
Prior crime at or near the property often drives these cases. Courts commonly look at how similar, recent and frequent earlier incidents were. Good records of the steps you took, and when, can make a big difference.
Insurance for these claims needs a close look. Many policies on habitational risk properties, bars and gas stations carry an assault and battery exclusion or a low sublimit. A negligent security suit tied to an assault may not be covered, or only up to a small amount.
Not sure how your policy handles this? Have us review it, or get a quote.
Example
Hypothetical: a guest at a motel is robbed in a poorly lit parking lot where several similar robberies occurred the year before. The guest sues the owner for negligent security. If the policy has a full assault and battery exclusion, the owner may face the defense and any judgment alone.
Why It Matters for Texas Property Owners
The Texas Property Code requires residential landlords to provide certain security devices, such as window latches, keyed deadbolts or doorknob locks, door viewers and sliding door pin locks. Apartment owners should keep these working and documented. Ask an attorney about your specific duties.
What to Watch For
- Check whether your liability policy has an assault and battery exclusion or sublimit.
- Keep lighting, locks, gates and cameras working, with maintenance records.
- Track crime reports at and near your property and respond with documented steps.
- Ask tenants and managers to report security concerns in writing.
Sources
Last updated October 14, 2026 · Primesure editorial team · How We Write