| Premises Liability |
There is a shopping center located in a low to middle income neighborhood. This center has much traffic and national clients: a
major grocery store, high-end and low-end clothiers, video rental. All of them are national retailers that you have heard of. The
shopping center must be bringing in huge rental receipts. Regardless, the center has been the victim of many criminal assaults.
Each store has been consistently harassed by shoplifters, loiterers, and individuals who were under the influence. The store
employees have been the victims of both verbal and physical assaults. Customers have often been the victims of attacks.
Vehicles have been stolen or broken into.
Your security is a non-delegable duty:
The personnel who work security are constantly changing; however, other things remain consistent: the crimes committed
continue, the perpetrators are often the same people and security measures are consistently compromised. The owner of the
shopping center hires a property manager. The property manager out sources security. Security, however, is a non-delegable
duty, meaning a property owner cannot transfer its duty to provide a safe and secure environment. There is one security officer
continually foot roving through the shopping center on a 24 hr 7-day schedule. In addition, each store has its own in-house loss
prevention people. They typically are not uniformed. At the entrance of each store is a stationary uniformed security officer
brought in from an outside agency. Also at the entrance of each store is typically has an electronic article surveillance (EAS)
system. These systems have three components: tags, sensors, and alarms. The system uses a magnetic field. Here the tag contains
a magnetic strip that is sensed by a magnetometer. The device is attached to clothing and can only be removed with a special
tool. Within the interior of the stores are surveillance cameras. There are many layers of security. Each is supposed to
compliment the other to create a formidable deterrent.
When your system breaks down:
The system breaks down when the various components stop working in
cooperation with each other. They then work in opposition to each other.
The outdoor roving officers stop communicating with the store officers.
The loss prevention officers stop communicating with the uniformed officers.
The electronic sensors have not been maintained properly and become too sensitive
causing false alarms. Cell phones, CDs etc set the alarm off at the doorway. Not only does this create an exploitable opportunity
for the thieves, the consequences become even more serious. Cashiers have complained of being physically assaulted. Loss
prevention officers were seriously injured by suspects they detained. Both employees and customers suffer from an ever-
changing management using trial and error methods. As the word gets around that this store is easy-pickings - thefts escalate.
The shoplifter enters without any bag. He steals a knapsack, disarms the merchandise, fills it with predetermined items and leaves
the store. The cashiers and floor managers kick the suspects out. When an assault and battery against a store employee occurs,
the store will call a security agency to post an officer by the front door. The store my start to step-up security, but the cycle
repeats and the store again becomes under siege.
Coordinate a center-wide safety program:
The guard force in charge of the shopping center should be the coordinator of a center-wide safety program. A security officer is
an agent of the owner of the private property and, in this role, can exercise the owner’s right to ask people on the owner’s
property what they are doing there, who they are, etc. If they refuse to answer the questions or if their answers are not
satisfactory, the guard may ask them to leave. If they do not leave; the guard may arrest them for trespassing, and should call
local law enforcement without unreasonable delay. If a shoplifter is apprehended in one of the stores, they will return and
shoplift in the store next to it. Take the trespass rule even further and apply it to the entire shopping center. When a shoplifter is
apprehended and given a no trespass warning from the store, inform shopping center security and have them also issue a no
trespass order. Consequently, this should keep them from returning. A coordinated effort should be made – one, which is
encompassing and pervasive.
Are you primarily responsible?
Integral Protection will help you coordinate your center wide safety program. We can work along side your existing loss
prevention team to assist them. Whether you decide to out source loss prevention or utilize a hybrid (proprietary-plus); we are
able to customize a service to meet your requirements.
major grocery store, high-end and low-end clothiers, video rental. All of them are national retailers that you have heard of. The
shopping center must be bringing in huge rental receipts. Regardless, the center has been the victim of many criminal assaults.
Each store has been consistently harassed by shoplifters, loiterers, and individuals who were under the influence. The store
employees have been the victims of both verbal and physical assaults. Customers have often been the victims of attacks.
Vehicles have been stolen or broken into.
Your security is a non-delegable duty:
The personnel who work security are constantly changing; however, other things remain consistent: the crimes committed
continue, the perpetrators are often the same people and security measures are consistently compromised. The owner of the
shopping center hires a property manager. The property manager out sources security. Security, however, is a non-delegable
duty, meaning a property owner cannot transfer its duty to provide a safe and secure environment. There is one security officer
continually foot roving through the shopping center on a 24 hr 7-day schedule. In addition, each store has its own in-house loss
prevention people. They typically are not uniformed. At the entrance of each store is a stationary uniformed security officer
brought in from an outside agency. Also at the entrance of each store is typically has an electronic article surveillance (EAS)
system. These systems have three components: tags, sensors, and alarms. The system uses a magnetic field. Here the tag contains
a magnetic strip that is sensed by a magnetometer. The device is attached to clothing and can only be removed with a special
tool. Within the interior of the stores are surveillance cameras. There are many layers of security. Each is supposed to
compliment the other to create a formidable deterrent.
When your system breaks down:
The system breaks down when the various components stop working in
cooperation with each other. They then work in opposition to each other.
The outdoor roving officers stop communicating with the store officers.
The loss prevention officers stop communicating with the uniformed officers.
The electronic sensors have not been maintained properly and become too sensitive
causing false alarms. Cell phones, CDs etc set the alarm off at the doorway. Not only does this create an exploitable opportunity
for the thieves, the consequences become even more serious. Cashiers have complained of being physically assaulted. Loss
prevention officers were seriously injured by suspects they detained. Both employees and customers suffer from an ever-
changing management using trial and error methods. As the word gets around that this store is easy-pickings - thefts escalate.
The shoplifter enters without any bag. He steals a knapsack, disarms the merchandise, fills it with predetermined items and leaves
the store. The cashiers and floor managers kick the suspects out. When an assault and battery against a store employee occurs,
the store will call a security agency to post an officer by the front door. The store my start to step-up security, but the cycle
repeats and the store again becomes under siege.
Coordinate a center-wide safety program:
The guard force in charge of the shopping center should be the coordinator of a center-wide safety program. A security officer is
an agent of the owner of the private property and, in this role, can exercise the owner’s right to ask people on the owner’s
property what they are doing there, who they are, etc. If they refuse to answer the questions or if their answers are not
satisfactory, the guard may ask them to leave. If they do not leave; the guard may arrest them for trespassing, and should call
local law enforcement without unreasonable delay. If a shoplifter is apprehended in one of the stores, they will return and
shoplift in the store next to it. Take the trespass rule even further and apply it to the entire shopping center. When a shoplifter is
apprehended and given a no trespass warning from the store, inform shopping center security and have them also issue a no
trespass order. Consequently, this should keep them from returning. A coordinated effort should be made – one, which is
encompassing and pervasive.
Are you primarily responsible?
Integral Protection will help you coordinate your center wide safety program. We can work along side your existing loss
prevention team to assist them. Whether you decide to out source loss prevention or utilize a hybrid (proprietary-plus); we are
able to customize a service to meet your requirements.
There are many personnel involved in the protection of the shopping center’s people and
property. However, are they all working in cooperation with each in a coordinated effort?
Moreover, who is primarily responsible for safety and security and who is primarily subject
to premises liability?
property. However, are they all working in cooperation with each in a coordinated effort?
Moreover, who is primarily responsible for safety and security and who is primarily subject
to premises liability?
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