If you are a property owner or manager – whether you own an apartment complex, shopping mall, or office building – you should be aware of your obligations under the law to keep your property safe.
Premises security liability refers to the fact that as a property owner, you are required to have reasonable security measures in place. If someone on your property is the victim of a crime, you may be found negligent and liable if it is proven that you did not do enough to protect the premises.
Premises Security Basics to Have in Place
A person who is injured may bring a negligent security suit against you based on your duty to provide reasonable security measures. It is your responsibility to protect any person lawfully onsite from becoming a victim of foreseeable crimes. The body of law known as negligent security assumes that the crime could have been prevented or at least made less likely had adequate security measures been in place.
Here are some of the basic safety precautions which property owners should have in place to protect those on their property.
- Protected Access Points: You will want to ensure that unauthorized people are not accessing the property. While this is not applicable to a shopping mall, it may be very appropriate for an apartment building or office complex. You may wish to consider a manned guard station or a gate with a code/key access to gain entry onto the property. Lobbies may require a code or FOB to enter, and elevators may require a key to operate. Whatever the mechanism you choose, the main goal is to restrict access only to those people who have permission to be onsite, and make entry difficult for intruders.
- Provide Video Security: Having video cameras recording key areas of the property is generally a deterrant to those looking for an easy and vulnerable target. Not only can cameras act preventatively, but they can provide law enforcement with critical evidence should a crime occur. Cameras also provide a record of suspicious behavior which may be able to prevent a situation from occuring at all.
- Install Adequate Lighting: It is important to provide bright lighting in parking lots, parking garages, lobbies, hallways, and at all doors. Someone who is attacked in a shadowy or dark corner can easily claim that under premises security law, that you are liable – as the attack may not have occurred in a well-lit area. Combining bright lights and camera coverage is a strong deterrant to criminal behavior.
- Have Visible Law Enforcement: The presence of a security guards on property is presises security basic. Guards should make regular rounds of the property, and having a police presence, if applicable, is also helpful. Apartment complex owners may wish to have police officers live onsite, as simply having their patrol car parked outside of the building will provide a layer of security.
- Consider Lower Levels: Those living or working on the first floor of a building can be protected from intruders by placing physical barriers around the windows. Whether a fence which surrounds the property, or a tall hedge of thorny bushes – any barrier which makes it difficult to approach the building will act as a method of prevention.
As a Sarasota or Tampa property owner, you may wish to speak with an attorney to ensure that you have taken appropriate measures to protect your tenants and guests. Although it is impossible to anticipate every situation, by taking adequate measures you will help to protect yourself from liability should a crime occur. If you need advice or assistance in a negligent security or premises security scenario, call the attorneys at Probinsky & Cole.
