Many times I have been asked by business owners “Why should I invest money in a security program; shouldn’t the police provide all of the protection I need?”
This is correct, the local police departments do provide a certain degree of protection; but generally they are not adequately staffed to be your only source of protection. It is up to the business owner to seek other means of security.
Property owners have a responsibility to provide sufficient security to protect their visitors and employees from criminal activity. If your establishment undergoes an act of crime, you run the risk of being a victim twice; first by the crime itself and secondly by the criminal’s actions.
Property liability for criminal acts of third parties has been the subject of conversation for business for years. Businesses have been sued for millions of dollars because they failed to provide adequate security for their employees and customers. Rental property owners are being sued with increasing frequency by tenants injured by criminals, with settlements and jury awards typically ranging from $100,000 to $1 million.
$12 million in damages
The owner of a frozen-yogurt shop and the owner of the Austin, Texas mall where it is situated agreed to pay $12 million to the parents of four teen-age girls who were murdered during a 1991 robbery in the store where two of the girls worked. The suit, alleging inadequate security, was settled even though the crime was not solved.
$450,000 in damages
Inadequate security: Failure to warn resident of an Apartments complex. One night, a man broke into to her apartment through the bedroom window and she was sexually assaulted. The intruder pled guilty to first degree rape and sodomy. She sued the complex owner, alleging inadequate security, alleging the bathroom window’s latch was broken. During the two years before the assault, investigations of a double murder, three rapes, and numerous prowler complaints.
That was two of many lawsuits and settlements alleging inadequate security. Before I give my opinion on the question “Is a Security Program Necessary” let’s take a look at the definition of inadequate security.
Inadequate is defined as not adequate; unequal to the purpose; insufficient; as inadequate resources, power, conceptions, representation, etc.
Security is defined as the condition or quality of being secure; Freedom of risk; safety; that which secures or makes safe; protection; guard; defense; etc.
Inadequate Security could be defended as one that fails to provide a secure and freedom of risk or harm. The owner fails to take reasonable measures to protect against foreseeable dangers to the tenants, employees and their guest.
We have talked about providing a safe and secure place for your employees, invitees, tenants and foreseeable dangers. What would be some of the foreseeable dangers?
Imminent harm: Foreseeability determined by evidence that the property owner or custodian of the property knew or should have known a particular crime was imminent based on prior incidences of the crime in the area or on the property.
Prior similar incidences: Foreseeability determined by evidence of comparable criminal acts during a specific time frame on or near the property.
Totality of the circumstances: Foreseeable determined by the location, condition and layout of the premises, and other relevant factors, including any prior criminal activity on or near the premises.
If you’re open to the public and have one employee or one hundred employees, security should be 1st and foremost on your priority list.
Case history indicates that a crime-free property is good for business and it just makes good business sense. Follow these steps to get your business on the pathway to a safer environment.
Step - 1: Crime Risk Assessment
Step - 2: Develop a Security Plan of Action
Step - 3: Policy and Procedure Solutions
Step - 4: Physical Security Solutions
Step - 5: Security Management Training
Step - 6: Partnership with TMLA Law Enforcement
Step - 7: Maintain the Standards