Negligent Security in the United States. A "disaster waiting to happen."

August 1, 2009- As the economy continues to deteriorate, an increasing number of New Mexicans are becoming the victim of crimes on commercial properties, gas stations, grocery stores, parking lots, restaurants, night clubs, bars, apartments, property management, hotels and every conceivable other place that people operate for profit. Business owners have a distinct duty or standard of care to protect their customers, tenants, residents and invitees from injury, crime, danger and risk. A risk assessment is the first step in determining potential risks. Business owners are not good about performing risk assessments or the measures that are required to provide adequate security.

Don't be the victim. Contact me if you have been injured. I may be able to help.

robb@callsummit.com

Property Managers and owners- this is for you!

Countless property managers have been surveyed to determine details of their risk assessment and property security programs. The results were very disappointing because of the apparent lack of understanding of premises liability and negligent security issues on the part of those managers responding to the survey.

The survey results indicate that the overwhelming majority of property managers and owners would not be able to successfully defend litigation for negligent security. The plaintiff would probably be successful in demonstrating that, at best, there was a minimal attempt to identify risk. A negligent action would result in injury.

The surveys were sent to property managers for commercial properties. The properties included apartments/condominiums, office buildings, hotels/motels, retail stores/malls, manufacturing/assembly facilities, and industrial parks. The results of the surveys reported:

• Fifty-seven percent of the respondents had not conducted any type of risk assessment for their properties. The remaining respondents had conducted some form of risk assessment within the previous two years.
  • The property manager or an independent security consultant conducted the assessments. The analysis tasks included the identification of security risks and vulnerabilities existing within or on the facility property and inspection of the facility to identify actual or potential security vulnerabilities resulting from the facility design or maintenance. Only one survey conducted reported meeting with local law enforcement officials to identify the crime problem within the area.
  • None reported meeting with adjacent businesses to identify common security risks and vulnerabilities or meeting with staff members and tenants to identify their security knowledge and concerns.
  • The minimal actions of the security consultants to identify potential risks bring into question their professional knowledge of premises liability and negligent security claims. This identifies the necessity to ensure that the consultant has the skills and knowledge to best meet your needs.
  • One property reported that a consultant had conducted a risk assessment but there was no written report of findings. The plaintiff’s attorney will certainly directly state or imply that there was a “cover up” of risks on the property.
• More than half of the respondents reported that security instructions, policies and procedures had been compiled but were not readily available to staff members.