1 Liability and the Community Services Officer National Crime Prevention Association 2345 Crystal Drive, Suite 500 Arlington, VA FAX

2 Security Liability The liability of the owner or landlord of a property for the injuries suffered by tenants and invitees as a result of the third-party criminal activities on the premises.

3 Liability To prevail in a lawsuit a victim must have suffered a loss and must prove that the defendant... had a duty owed to provide security, breached that duty, the breach of the duty was the cause (or partially the cause) of the loss.

4 The History of Liability One person had no duty to take steps to protect others from third party acts No liability for assaults on visitors to your property English common Law No Duty To Protect English common Law No Duty To Protect

5 The History of Liability Early case law led to a concept known as : SPECIAL RELATIONSHIPS DOCTRINE

6 The History of Liability Early case law led to a concept known as: SPECIAL RELATIONSHIPS DOCTRINE –Innkeeper and Guest –Common Carrier and Passenger

7 The History of Liability Liability American Common Law states: When one takes custodial care of another individual, which would prevent that person from providing for their own protection, then the one taking custody owes a duty to protect the other from harm, including criminal acts.

8 RESTAURANTS OFFICE BUILDINGS SERVICE STATIONS RETAIL LANDLORD-TENANT By the 20th Century Special Relationships expanded to include: Special Relationships

9 The History of Liability The most significant limitation on liability came with a concept known as: FORESEEABILITY

10 Foreseeability Test May criminal activity be expected at a given location? This test led to the Prior Similar Incident Rule

11 “Prior Similar Incident Rule” If there had been prior similar incidents at a location in question, then the crime was Foreseeable and actions should have been taken to address the potential for such criminal acts.

12 “Prior Similar Incident Rule” This standard which originally worked for the courts also had problems. If you could not prove similar incidents, the foreseeability measure could not be met. In the 1980’s a new standard emerged.

13 Totality of Circumstances prior similar Incidents nature of business surrounding locale lack of customary security for type of business experience of the particular landowner elsewhere (pattern)

14 Liability and Security Issues Courts have now started looking at specific areas related to security and the duty to provide protection in various applications.

15 Liability and Security Issues Inadequate personnel for premises Staff reduced due to economics, especially in isolated areas Is guard armed or unarmed Quality of staff, including capabilities and training Security Operations

16 Other Issues in Premises Liability Inadequate training (Threat Assessment, Robbery) Inadequate supervision Negligent Hiring Negligent Retention Employment Practices

17 Other Issues in Premises Liability Lawyers are using CPTED to prevail in premises liability suits and even to target clients. “Owners are obligated to keep reasonable safety measures in mind in their designs. An owner may be liable for any injury or crime committed against you. If you have been injured on someone elses property, fill out this simple, to get your FREE case evaluation.” Attorney Website Physical Security (CPTED)

18 Other Issues in Premises Liability Key control Inadequate locks Improper or inoperative equipment (Lights, electronic locks etc.) Inadequate Lighting CCTV System Failure Physical Security

19 Other Issues in Premises Liability Overgrown Foliage (concealment) Facility Design (Entrapment Areas?) Nature of Facility (Bar, gun store) Accessibility (Where are parking areas?) Adjacent area activities (Conflicting Activities) Environmental Conditions

20 Other Issues in Premises Liability Promoting as Safe (24 hr Security-CCTV) Advertising and Marketing using words like “Safe” Deceptive practices (Untruths) Misrepresentations

21 WHO IS BEING SUED? Apartments/Condos 32% Hotels 19% Stores/Malls 15% Restaurants/Bars 8% Office Buildings 6% Hospitals 5% Schools/University 3% Based on American Trial Lawyers Report

22 Types of Crimes Involved Sexual Assault 37 % Assault 24 % Wrongful Death 20 % Robbery 6 % Based on ATL Report

23 Now Something You Can Use More than Half of Mall Shoppers were concerned with their safety (53 %) 67 % named security as an important factor in their choice of malls. Top reason for not shopping at specific mall was perceived lack of security (52 %) MSI National Security Study 1998

24 Most Important Security Measures at Malls MSI International Study

25 Conclusion Crime prevention Practitioners should insure that they make recommendations based on their training and proven measures established through study or through industry standards. Recommendations should be reduced to writing and retained for future possible needs. If an assessment is completed for only a portion of a facility, it should be noted in the written documentation which specific areas were evaluated.