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.
