Leslie N. A. Cole, Sr., MA, CPP, CST
We are retained more often by Plaintiffs than by Defense Attorneys for our Expert Witness services. This is not by choice. Trial Attorneys representing Plaintiffs retain us disproportionately, when defendants operate unsafe and unsecured environments. Our primary goal is a safe environment where hazards and crime are displaced. Below is a summary which illustrates proactive actions that should be taken by management, prior to the occurrence which formed the basis of the litigation.
Most security-related negligence cases can be successfully defended, if, prior to the event which formed the basis of the suit, the Defendant planned and adequately implemented a security program. When it can be shown that prior to the occurrence, a good faith effort was made to minimize crime in an establishment open to the public, juries will invariably have a Defendant's verdict.
The number of security-related lawsuits, along with the size of the jury awards will continue to escalate. This is so because those Defendants who are the hardest hit, were on "Notice" and failed to take responsible counter-measures to minimize the recurrence of crime. Ironically, preventive actions could have been taken for a fraction of what it costs to defend the suit.
Statistics show that ten percent of all security negligence awards amounted to over $1 Million, and more than half exceeded $100,000. In addition to the jury awards, valuable reputations were tarnished by the adverse publicity usually associated with such litigation.
From Corporate Headquarters to Convenience Stores, the first and most important element in minimizing security-related litigation is management's commitment to security. With a commitment and the allocation of resources, the next practical step is to have a Risk Analysis conducted by a Professional Security Consultant.
Risk Analysis includes a security survey and a crime analysis for at least 3 years, along with an examination of security policies and practices. Moreover, the Consultant will analyze crime trends in the neighborhood, municipality and county, along with the security policies and practices of the client's industry and other businesses in the neighborhood.
Based on the findings of the Risk Analysis, a Systems Approach to security should be implemented. A Systems Approach to security is the integration of Hardware, Software and People. From a security perspective, Hardware is: alarms, locks, and Closed-Circuit Television Systems (CCTV), etc. Software are the policies and procedures, security manuals, directives and post orders. People are: security conscious personnel, especially those with protective duties. In this regard, the numerical strength, location and times of deployment, training, ratio of supervision, and equipment required to effectively perform the task, will be analyzed.
Protection Professionals are cognizant that the higher the level of threat, the higher the level of protection required for security to be "adequate". The Consultant will recommend cost-effective protection, commensurate with the level of threat.
Employees, especially those with protection duties should be carefully selected and screened, adequately trained, supervised, equipped and deployed.
The Consultant will seek to ensure that every employee who has a need to know the policies and procedures is familiar with them, and that they are implemented by management. In this regard, management will take disciplinary measures against violators.
It should be noted that in addition to the foregoing, when management knows, or should know, that there is a "problem" employee, and that employee is retained and/or maintained in the same position, management could be culpable for the actions of that employee while at work.
Thorough documentation should be made of every "event", and records kept regarding every facet of security personnel and maintenance, until the statute of limitations expires. "Events" should be investigated and further preventive measures taken to prevent recurrences.
Invariably, Defendants prevail when it can be established that a genuine effort was made to protect people over other assets. Defendants will prevail when it can be shown through documentation that a Risk Analysis was performed and the various components of a Systems Approach to Security was implemented. This is more so when the incident was neither reasonably foreseeable, nor preventable, and the level of security provided at the time of incident was consistent with acceptable practices and procedures.
Deviations from any of the foregoing could be the proximate cause of crime perpetrated against the Plaintiff. These deviations could mean substantial loss of income and favorable public relations for your establishment.
ŠLeslie N. Cole, Sr.
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