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.
- Designed to meet the needs of both attorneys and security professionals
- Covers both liability and security issues
- Appendices provide detailed premises security information to facilitate a proactive approach to providing reasonable and appropriate security measures and reacting to litigation
Security professionals, attorneys
Chapter 1 What Is Premises Security?
Chapter 2 What Are the Legal Elements of a Premises Security Claim?
Duty and Reasonableness
Breach of Duty
Chapter 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?
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 Foreseeability
Chapter 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 Personnel and Staffing
Security Officer Qualifications
Security Duties and Responsibilities
Security Devices and Measures
Chapter 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 District
Chapter 7 How Does the Attorney Develop a Case?
Review Security Directives and Incident Documentation
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 Strategies
Chapter 8 How Does the Security Professional Prepare for Trial?
Appendix A Sample Letter of Retention
Appendix B Sample Report of Expert Witness
Appendix C Discoverable Documents
Appendix D Specific Questions for Nonsupervisory Personnel
Appendix E Specific Questions for Supervisory and Management Personnel
Appendix F Security Officer Questionnaire
- No. of pages:
- © Butterworth-Heinemann 1999
- 11th January 1999
- eBook ISBN:
- Paperback ISBN:
President, Blake & Associates Inc.
President, Walter F. Bradley, P.C., Attorney-At-Law
"...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