What is negligent security?
Negligent security refers to a situation where a property owner, business owner, homeowners association or manager fails to provide adequate security measures, which leads to harm or injury to individuals on the premises, such as in parking lots. In most jurisdictions, businesses are responsible for security measures adequate to address foreseeable risks. If sued, a jury will decide whether those measures are reasonable. If the measures are deemed inadequate, the business can be held liable for damages resulting from those inadequate security measures. To keep your premises safe, please consider the following tips to mitigate negligent security risks.
Types of security measures and how to manage your risk
Adequate Security and Hiring
- Understand the crime in your local area and establish security measures reasonable for the foreseeable criminal activities
- If you employ an outside security company, make sure the contract protects your company for any security failures
- Negligent hiring: Conduct background checks on your own employees
Adequate Lighting and Locking
- Ensure all areas, including interior and exterior common areas and potential areas of concealment, are adequately illuminated and, where possible, locked to prevent criminal access
- Maintain a regular schedule for checking that all lighting and locks are working; if you employ a property manager, ensure that they maintain a schedule to check and replace light bulbs and door locks.
Security Cameras
- Video should be monitored and recorded
- Ensure cameras capture each entrance, including stairs leading to entrance
- Never use fake cameras
- Place security camera signage around property to deter crime
- Ensure video can be retrievable for at least 30 days
Cash Management
- Have a cash management policy to limit cash on hand at any given time, especially after 11 p.m.
- Place a notice at premises entrance stating the register contains $50 or less
Steps to take if you experience an incident of this nature
- Contact the proper authorities and obtain all reports
- Immediately notify your insurer
- Identify any security vendors and contracts
- Interview property managers, employees, vendors, and security personnel
- Search and preserve on- and off-site surveillance