A loss suffered as a result of a criminal act on private or public property frequently results in an attempt to pursue the land owner for compensation to cover the damages sustained by the victim whether the assailant is apprehended or not. The success of these third party law suits will depend upon the ability of the plaintiff to establish liability in the landowner or operator for the loss as a result of the defendant’s failure to fulfill a duty to protect the plaintiff under the circumstances. Whether the violence occurred in a commercial setting, a residence, an institution or the workplace analyzing the facts and formulating a theory of negligence requires a both an understanding of the acceptable standard of security and various legal obligations to provide it under the circumstances of the case. Before commencing what can be expensive litigation or defending against such a claim, it is advisable to have the facts and circumstances analyzed by security professionals with experience and understanding to develop further insights into if and how to proceed.
FRAC has long experience in evaluating foreseeable crime risks, in training and employing security professionals to protect against such risks and in developing protocols for responding to acts of theft and violence. Understanding whether a particular criminal act can be reasonably predicted, prevented and responded to can often be pivotal elements in determining the existence of civil liability for third party criminal acts. Analyzing whether hiring, training, supervising, and assigning security personnel or servants responsible for security was provided in an acceptable fashion will generally go to the heart of the question of security negligence and is key to a determination of whether a colorable negligence claim can be made.
FRAC’s experience in providing security, security training and security personnel for public and private entities has provided a strong basis for evaluating the performance of security in most settings and its insights may be invaluable in deciding if and how to defend or prosecute negligent security claims.