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Premises liability lawsuits resulting from claims of inadequate security were on the rise before September 11. In order to prevail in a security derived premises liability lawsuit, the plaintiff must prove that the incident was foreseeable and/ or that the defendant had notice and failed to act.
Over the past few months, there have been numerous and varied warnings that directly affect general aviation, shopping centers , residential complexes, and office buildings.
If a public facility suffers a security breach and that breach results in injury to an individual or business, these warnings will likely come into play. It will be more difficult to defend on the basis that there was no prior notice and/or the incident was not foreseeable, if the incident had nothing to do with terrorism. The plaintiff's job is made much easier if the business has little or no security program, and that program does not reflect the new realities produced by the events of 9/11.
How do you know where your business stands? What is your vulnerability exposure and what has been done to mitigate it?
If these questions are not addressed, liability exposure is significantly higher than it need be. Here are a few suggestions:
· 1. Commission a company wide security audit.
· 2. Institute a Security Awareness Program for all employees and/or tenants.
· 3. Order a CAP Index for each location.
· 4. Sit down with local law enforcement in to understand their capability in a wide range of emergencies.
· 5. Determine, before the fact, your strategy for dealing with the media in the wake of a security incident.
These suggestions provide some basic guidelines for reducing security liability.
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