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LEGAL EASE

WHO’S RESPONSIBLE
BESIDES THE CRIMINAL?

By George F. “Rick” Evans, Jr., BCMS General Counsel
Evans, Rowe & Holbrook

Who’s to blame when a crime happens
on somebody’s property?

I mean, other than the criminal. Who else is responsible? Since all
crimes have to happen someplace, then this question obviously
arises whenever a crime happens.

THE TWO QUESTIONS WE’RE LOOKING AT
IN THIS MONTH’S ARTICLE ARE
(1) what’s your exposure when a crime happens on your property and,
(2) what are your rights when you’re the victim of some criminal act.

These aren’t some far-fetched questions. Let me give you some What? How is it that you, as an apartment landlord, can be liable
concrete examples that happen every day in San Antonio. A woman for a tenant who is assaulted? How are you supposed to control the
is raped in an apartment you lease to her. Your car is stolen from a conduct of these criminal miscreants who snuck upon the property
North Star Mall parking lot. The office you lease is broken into and to commit that heinous crime? Here’s how.
computers are stolen. A guest at your ranch is shot by a poacher.
Your secretary is attacked in the parking lot of the office building The Texas Supreme Court established a rule of law in Timberwalk
you own. While in the hotel gym, your laptop is stolen from your Apartments v Cain that was recently reaffirmed once again. Here’s
hotel room. Who’s responsible for these things? the rule: [o]ne who controls . . . premises does have a duty to use
ordinary care to protect invitees from criminal acts of third parties
Obviously, the person who commits the crime is. But what if he if he knows or has reason to know of an unreasonable and foresee-
can’t be found? Or maybe he’s found, but has no money or assets by able risk of harm to the invitee.” In a nutshell, whoever is responsible
which to make restitution. Can anybody else be held accountable? for that property (owner or manager or both) can be liable for the
If your car is broken into while dining at the local bistro, does the crimes of others if there was reason to believe something bad might
property manager have to pay you for your loss? If you own some just happen and reasonable steps weren’t taken to avoid it.
apartments and one of your tenants is assaulted in the hallway, are
you on the hook? The Supreme Court focuses on five factors; proximity, publicity,
recency, frequency, and similarity. What that means is the courts
The short answer is, yes, the owner or manager can be liable. want to know if there’s been a series of similar crimes happening

30 San Antonio Medicine • March 2016