| 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.
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.
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.
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?
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?
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