A Guide for Security Professionals and AttorneysBy
- William Blake, President, Blake & Associates Inc.
- Walter F. Bradley, President, Walter F. Bradley, P.C., Attorney-At-Law
Premises Security: A Guide for Attorneys and Security Professionals guides the security professional through the ins and outs of premises security liability. Premises security litigation claims represent a serious financial threat to owners and occupiers of property. This book provides an overview of risk assessment techniques, identification of reasonable security measures, legal issues and litigation strategies. Premises security litigation is increasing at a dramatic rate and has a significant negative impact on corporate profits. Realizing the increasing costs of litigation, business owners and other interested parties are initiating proactive measures to provide adequate security. Attorneys can use this book as a security resource for providing legal advice to their clients and during the litigation process. Security professionals will be better able to propose and implement reasonable and appropriate security measures. The format of providing information in response to specific questions carries the reader through a logical and sequential method for understanding the legal concepts of premises liability, the identification of reasonable and appropriate protection measures, and how to acquire premises security information.This is a practical, concise and informative guide. This book can be used in a proactive prevention mode as well as a reactive response to litigation claims. It explains what security professionals should be thinking about and planning for when it comes to protecting people on their premises. It also provides a common base of knowledge for attorneys and security professionals that does not exist in any other publication.
security professionals, attorneys
Paperback, 128 Pages
Published: January 1999
Imprint: Butterworth Heinemann
'...with its well-balanced and accessible analysis of premises liability, this book is ideally suited to security novices, attorneys new to premises liability, property managers, and property owners with limited security or legal knowledge.' - Security Management
- Chapter 1 What Is Premises Security?Chapter 2 What Are the Legal Elements of a Premises Security Claim? Duty and Reasonableness Foreseeability Breach of Duty CausationChapter 3 How Can a Security Expert Be Utilized as a Litigation Asset? Should an Expert Witness Be Used in this Litigation? At What Point in the Litigation Process Should an Expert Witness Be Consulted? What Qualities Should the Expert Witness Possess? Where Can I Find an Appropriate Expert Witness? What Can I Expect to Obtain for Assistance and Testimony from the Expert? Foreseeability Negligence What Is the Appropriate Process for Retaining an Expert?Chapter 4 Was the Incident Foreseeable? Comparison of Police, Security, and Management Reports Neighborhood Crime Rates Property Crime Rates Demographic Factors and ForeseeabilityChapter 5 Were the Security Measures Reasonable and Appropriate? Security Plans, Policies, and Procedures Risk Assessment Activities Activity and Incident Reporting Security Supervision and Management Security Awareness Programs Security Expenditures Security Personnel and Staffing Security Training Security Officer Qualifications Security Philosophy Security Duties and Responsibilities Professionalism Security Devices and MeasuresChapter 6 Are There Any Cases to Provide Examples of Premises Security Claims? Control of Vacant Spaces Stickle v. City-Wide Security Services, Inc., et al. Disclaimers and Warnings Stanley v. Creighton Co. Employee Screening-Inaccurate Personnel Recommendation Randi W. v. Livingston Union School District Employee Screening-Negligent Hiring and Retention Foster v. Loft, Inc. Extraterritorial Security-Assumption of Duty Southland Corp. v. Superior Court of California Incident Documentation-Destruction of Records Mayer v. Gary Partners and Co. Ltd. Incident Reporting-Reporting Standards Lisa P. v. Bingham Key Control-Failure to Control Keys Berry Property Management, Inc., v. Bliskey Key Control-Failure to Re-Key Rowe v. State Bank of Lombard Security Maintenance Programs Pamela B. v. Hayden Security Officer Negligence-Dereliction of Duty Harris v. Pizza Hut of Louisiana, Inc. Security Officer Negligence-Failure to Call Police Trujillo v. G. A. Enterprises, Inc. Security Officer Negligence-Failure to Exclude Terminated Employee Rosh v. Cave Imaging Systems, Inc. Security Officer Negligence-Not at Assigned Location Mirand v. City of New York Security Officer Negligence-Intentional Infliction of Emotional Distress Akers v. Irvine Marriott Corp. Security Procedures Manual-Failure to Follow Procedures K-Mart Corp. v. Washington Security Measures Misrepresented-24-Hour Security Nguyen v. Akhi Investments, Inc. Security Measures Misrepresented-Nonexistent Security Childress v. Church's Fried Chicken Security Trade Practices-Do Not Establish Legal Standard of Care Allen v. Ramada Inn, Inc. Violation of Company Policy-Possession of a Gun Herrick v. Quality Inn Hotel Warning Policy-Failure to Disclose Building Defects Moradzadeh v. Antonio Warning Policy-Failure to Disclose Existing Dangers Peterson v. San Francisco Community College DistrictChapter 7 How Does the Attorney Develop a Case? Review Security Directives and Incident Documentation Take Depositions Analyze Police Records Interview Law Enforcement Officials Evaluate Security Devices Analyze Topography and Facility Design Analyze Facility Incident Rates Analyze Neighborhood Crime Rates Analyze Adjacent Facility Incident Rates Interview Current and Former Employees Identify Demographic Changes Analyze the "prevention" Features of Security Operations Analyze Security Staffing Evaluate Implementation of Emergency Plans Review Documentation for Factual Agreements Validation of Security "Standards" Identify Current Practices and Trends Identify Cost-Effective Alternative Measures Determine Trial StrategiesChapter 8 How Does the Security Professional Prepare for Trial?Appendix A Sample Letter of RetentionAppendix B Sample Report of Expert WitnessAppendix C Discoverable DocumentsAppendix D Specific Questions for Nonsupervisory PersonnelAppendix E Specific Questions for Supervisory and Management PersonnelAppendix F Security Officer QuestionnaireBibliography