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Litigation: A Loss To Prevent

NCJ Number
Security Management Volume: 32 Issue: 4 Dated: (April 1988) Pages: 95-97
N D Bates
Date Published
3 pages
Security professionals must keep abreast of recent case law and its effect on their particular businesses, voluntarily incorporating security standards specified in the case law to reduce vulnerability to litigation in the event of employee or customer victimization.
Since there are rarely enough relevant cases in any one jurisdiction to establish a clear definition of adequate security for a particular type of business, the national trend in case law should be assessed to determine standards for adequate security. Factors courts have identified most often in adequate security are in six general categories: prior crime activity; security operations, particularly staff size; employee hiring, training, and supervision practices; the quality and quantity of physical security measures; environmental conditions; and management-related issues which pertain to management's compliance with advertised or reasonable expected security. Finally, however, liability for inadequate security is apparently limited only by the creative skills of the plaintiff's counsel and the willingness of juries to accept factors in the case law.


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