21st Century Security and CPTED, 2nd Edition

107

8

Premises Liability

Design against Premises

Security Negligence Lawsuits

Criminologists have studied the causation of criminal behavior for the last 300 years, and have

usually associated crime with urban centers. However, the ight from the cities to suburbia over

the last four decades has created lucrative magnets of crime in the suburbs such as ofce parks,

apartment complexes, industrial sites, or multiunit residential properties. The courts are nding the

owners liable for criminal acts that occur on their property.

Owners and property managers, as well as the security directors working for them, have some

obligations and responsibilities in the prevention of premises liability litigation. The most important

steps a security manager can undertake to prevent premises liability are:

1. Identify the level of criminal activity in the site and the neighborhood. The evaluation

should include a 3 year history, with periodic annual reviews. The radius of area for review

will vary from site to site but typically averages about a half-mile radius. Consult a security

expert for a site-specic recommendation for your property. Crime maps can be generated

using Geographical Information Systems (GIS), to develop the hotspots, or comparative

analysis can be done using a variety of factors and crime and victim statistics as is used

with the CAP Index CRIMECAST

®

Analysis (see Figure 8.1).

2. Conduct a security survey or audit that identies the assets to be protected, the threats,

vulnerabilities, and recommendations for security improvement. The survey should be

submitted in a written report form, and used as the basis for a plan of action. The recom-

mendations should be prioritized and ranked based on risk and threats and the value of the

asset being protected.

3. Provide a total security delivery system. Security is more than the guard gate, perimeter

fence, wall construction, closed circuit television, security patrol, or detection technology.

A security delivery system is the functionally integrated approach for the protection of

people, information, and property using access control, surveillance, operational or man-

agement strategies.

4. Do as you say, say as you do! If you start a security program, complete it. The installation

of CCTV with no one watching the monitors, or having broken equipment, or not having

trained staff to respond to emergencies, creates a false sense or illusion of security. The

illusion can be very damaging in court.

CONTENTS

Case Study: Bloomingdale Library Rape Victim Sues Architect and Contractor .......................... 115

Summary ........................................................................................................................................ 116

References ...................................................................................................................................... 116

108 21st Century Security and CPTED

In order to determine the level of preparedness, or adequacy, of your facility, the following questions

should be answered:

• Do you maintain good relations with the local police agency and are you able to obtain

copies of crime reports of events happening on your property?

• Do you maintain active membership associations that have strong national standards (such

as American Society of Industrial Security [ASIS], Building Ofce Managers Association

[BOMA], or Institute of Real Estate Managers [IREM])?

• Have you established policy and procedures for notifying tenants or residents of the devel-

opment of security and crime problems, and have you identied to whom observations

should be reported?

• Do you record and log all incidents and keep them on le for that jurisdiction’s statue of

limitation of negligence?

• Do you have a clearly stated mission of security, job description, shift description, and

essential functions outlined?

• Are you able to provide or ensure that sufcient training is given to security and non-

security staff on the proper practices of security at that site?

• Do you review, update, and document all policies and procedures at least annually?

• Do you ensure that all employees are issued their own copy of Policy and Procedures and

sign off that they reviewed them?

• Can you ensure that all locks and locking devices are of sufcient quality and quantity to

protect tenants from an unauthorized entry?

• Have locking devices on doors and windows been inspected at least annually, and reviewed

on each tenant entry or user turnover?

• Have intercom, security alarm, re safety, and CCTV systems been periodically tested,

inspected, and documented at least annually?

FIGURE 8.1 (See color insert.) CAP Index CRIMECAST

®

Analysis was conducted for an apartment build-

ing where a shooting had taken place, where the X is marked. The CAP Index number for this building and

the immediate block was 861, meaning that this site has 8.6 times greater crime than the national average risk

of crime. (Courtesy of CAP Index, www.capindex.com)