Although a premises owner in Texas generally has no duty to protect invitees from the criminal acts of third parties, the Texas Supreme Court has recognized an exception when the owner has reason to know of a risk to invitees that is both unreasonable and foreseeable.
To qualify for the exception, the crime victim must show one of two things. If the premises owner had no direct knowledge of imminent criminal conduct on the premises, then the crime victim must show that the crime was foreseeable, based on an analysis of previous crimes on or near the premises. If the premises owner had direct knowledge of imminent criminal conduct on the premises, then the crime victim must show that the owner’s knowledge of the immediate circumstances surrounding the crime was sufficient for the owner to have foreseen the criminal’s misconduct.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]