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In public buildings where does the security responsibility for the owner/management company start and end? There is often a confused answer to this question. If you are an owner or management company, you may have one answer, while a tenant may have a different answer. This confusion is often exacerbated because there is often a variance between the defined separation of responsibility and the practice. Tenants often feel that, because security is a pass-through cost, they have the right to use security for their own purposes.
The most common example of this practice is when a retailer uses mall security personnel to effect a shoplifting arrest. Clearly, this is a mistake from the mall's perspective. The mall is being unduly exposed to potential litigation for false arrest or use of excessive force.
Tenants in shopping centers as well as office complexes need to understand that the role of security is restricted to common areas only.
Tenants derive benefit from secure common areas because it helps to ensure the safety of their customers and clients. These distinctions must be clearly stated in lease documents.
The distinctions that apply to security personnel also apply to security hardware such as cameras, access control systems, and lock and key systems. The tenant should have sole responsibility for the security of their leased space, unless exceptions are made intentionally. Property managers should ensure that tenants understand the intended purpose of security devices, especially CCTV.
Landlords should also transfer some liability back to the tenants by giving them, in writing, some role in maintaining a safe environment. Landlords should develop such informational pieces as best practices security brochures. They should periodically conduct security awareness workshops for tenants. They should invite the crime prevention officer from the police department to come in and meet with tenants.
If property owners are using contracted security personnel, it is critical that the contractor under-stands where the lines of demarcation are lest they be drawn into a lawsuit.
Most security consultants, especially those that do extensive litigation work as expert witnesses, understand these pitfalls as well as how to avoid them. It is important that office complexes as well as shopping malls conduct a complete security audit at least every three years. Take the Public Access Facilities Security Diagnostic Test on the SMSI Website (www.smsiinc.com). |
