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The financial impact of security breeches on those facilities that generally afford public access has most likely been increased by tenfold. Such facilities as hospitals, hotels, office buildings, and apartment complexes, to name only a few, can expect an increased reaction by the public, spurred on by the media, as a result of the heightened sense of anxiety that exists in the country now and into the foreseeable future.
Public Access Facilities had generally been under the gun to maintain safe and secure environments before 9/11/01. This impetus is derived from an increasing number of lawsuits brought by the victims of crime on private property. There is an ample body of case law reflective of a wide range of premises liability lawsuits to suggest that owners of private property have a duty to maintain reasonably secure property. Furthermore the General Duty Clause contained in OSHA regulations extends reasonable protection to employees also.
The increased attention generated by the victims of crime on private property will, in of itself, cause added problems for the management of that property, all other things remaining equal. Consider the impact of a bomb threat before 9/11/01 and now. The fact is that there will likely be increased media attention to any criminal activity that can loosely be cons trued as a potential terrorist event or a terrorist-like event. This environment may encourage other irrational individuals to action, such as disgruntled employees or a spouse entangled in a domestic dispute.
This increased attention will also have the potential to produce lawsuits. Plaintiff's attorneys may see their chance to draw national attention to their practice. Increased media scrutiny will adversely affect the reputation of any facility that has the misfortune to suffer such an event.
The time to plan is now. Each enterprise must first fully evaluate risks and vulnerabilities. They must then develop plans to mitigate those risks. They must both develop strategies that are preventative and proactive and at the same time, develop crisis management plans that minimize the Amplification Factor.
Potential security solutions need not be excessively costly. It is not required that every facility hire extra security guards or invest heavily in CCTV. There is a wide range of cost efficient options.
Remember security programs, unlike safety programs, are very situational. No two facilities have the same needs. One size does not fit all. In order for a premises liability litigation to prevail, most courts have held that the criminal act was reasonably foreseeable and therefore preventable. If you have not recently done a security assessment, now is the time. William H. Nesbitt, CPP |
