What is the threshold of proof needed to win a negligent security case?

In Texas, the threshold of proof needed to prevail in a negligent security case is that of a “preponderance of the evidence.” This essentially means that a claimant must prove that it is more likely than not that the defendant failed to provide adequate security. The claimant must demonstrate that the defendant had a duty of care to provide reasonable security, that the defendant failed to meet this duty of care, and that this failure was the direct cause of the injury. In other words, the claimant must prove that the defendant would have taken proper security measures if the incident had not occurred. In order to meet this “preponderance of the evidence” standard, the claimant must typically provide evidence such as witnesses’ accounts, medical records, photographs, and police reports. This evidence must be sufficient to establish the standard of proof required for a negligent security case. In addition, the court may also consider the type of security measures that the victim alleges were inadequate, the extent of the security measures already implemented, what the defendant should have done or could have done to prevent the incident, and whether the security measures taken by the defendant met the applicable industry standard at the time of the incident. Ultimately, in order to win a negligent security case, a claimant must demonstrate that the defendant failed to meet the duty of care applicable to the situation and that this failure was the direct cause of the injury. This must be done by providing a preponderance of evidence that meets the standard of proof required by the court.

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