In the past decade, litigation alleging inadequate security has become one of the fastest growing areas of business lawsuits.

If you are an owner and/or manager of a hotel/motel, apartment complex, shopping center, office building, convenience store, hospital or other business where public access is allowed, then your risk of being sued for crimes committed against your customers, guests, tenants or other invitees is dramatically increased.

There are five major areas which have effected the explosive growth of premises security lawsuits:

1. The dramatic increase of crime across the nation.
2. Highly publicized cases involving million dollar plus awards.
3. Catastrophic physical injuries to crime victims.
4. Long term psychological effects of crime victims.
5. The increase in the victims rights movement.

Violent crimes have increased during the past decade by 33.7%. The violent crimes associated most commonly with civil litigation increased as follows:

• Murder - Increased by 4.1%
• Robbery - Increased by 7.8%
• Rape - Increased by 24.3%
• Aggravated Assault -Increased by 58.9%

During the past two years premises security cases have been reported with verdicts or settlements as follows:

• $54 Million for a victim of an armed robbery in the parking lot of a shopping center
• $14 Million for a rape victim while a tenant of an apartment complex
• $10 Million for a rape victim while a guest of a motel
• $2.75 Million for a victim of an assault while a patron of a bar.

In addition to the media coverage these cases received major networks such as ABC's "20/20", "CBS News", CNN's "Larry King Live" and "Inside Edition" have aired investigative reports or news stories on crime victims and premises security litigation.

To determine if security measures are reasonable, the following questions must be answered:

1. What type of crime area is your business located in?
2. What types of crimes have occurred on the premises of your business?
3. Are you aware of all the crimes that have occurred on your premises?
4. Do you know the extent that the local police patrol your premises
5. Do you maintain a good liaison with the local police department?
6. Have you ever taken advantage of "free" advice from the local police department's crime prevention unit?
7. Are you taking reasonable steps to control access onto your premises?
8. Is the lighting on your premises adequate?
9. Are locks and other physical security measures adequate and in good working order?
10. Are your security personnel properly trained?
11. Are you properly documenting and maintaining security related incident reports?
12. Are all your employees made aware of any crimes that occur on your premises?
13. Do employee meetings include security topics as well as other business related topics?
14. Do you have training programs which emphasize security responsibilities for each employee?
15. Does your corporate "philosophy" include the security and safety of your customers, guests, tenants or invitees?

Practical Suggestions to Avoid Liability

The following suggestions are practical measures which a business owner and/or manager may take to limit their exposure to premises security lawsuits. These measures will also prove to be very helpful in the defense of such suits.

1. Have a written security plan and conduct periodic reviews and revisions.
2. Have written security policies and procedures for your employees. Consider having them sign an acknowledgment that they have read and have gone over with you the company's security policies. Place that documentation in their personnel folder.
3. Make sure that your hiring and selection process includes thorough reference checks, including inquiry into any lapse of time on their application.
4. Do not make false, misleading or absolute statements about the security of your premises (e.g., "totally safe", "guaranteed secure").
5. Ensure your security procedures and programs are state of the art and reflect the highest current "level of care" in your neighborhood or geographic area.
6. Periodically alert tenants to ways to protect themselves, including crime trends and security programs that you have implemented to protect their welfare.
7. Ensure all security devices are maintained and repaired in a timely manner. It is recommended that an inspection of security breaches, safety concerns or repairs be done on a daily basis.
8. Know what security measures may be unique to your industry and follow them.
9. Make sure lighting is adequate and bushes are trimmed where intruders or attackers could hide.
10. React immediately to any crimes which occur on your premises offer the victim(s) as much assistance a possible until professional help can arrive
11. Seek advice from trade organizations or security consultants in your area if you have security concerns.
12. Encourage the local police to patrol your premises as frequently as possible throughout the daylight, evening and early morning hours...consider putting this in writing as this and any documentation can be a valuable piece of evidence if litigation develops.