Prevention and reaction strategies are the cornerstones of a successful security program. When a crisis occurs, security is at the forefront. Whether security measures were reasonable can present challenges as there is usually no bright line test or standard to define what is reasonable.
Prevention
- Risk assessment: The first step is to determine the appropriate level of security for a given hotel property. To determine the appropriate level of security, it is important to identify the threats to the property. An effective risk assessment evaluates the threats to the property as well as the vulnerabilities that could allow a threat to be carried out. Threats can range from property damage and vandalism to assaults or robberies. Different measures can be used to identify specific threats, which include a history of crime on the premises and crime in the surrounding vicinity. CAP Index, which provides crime forecasting maps and security risk analysis, offers crime mapping to illustrate the crime rate might be much higher within a certain radius around the property. The higher incidents of crime in the surrounding area could dictate a need for increased security. Periodic reassessments are necessary as the risk to a certain property may change with variances in population or use of surrounding property.
- Security policy: Implementation of a successful security program begins with a security policy. If there is a written security policy, compliance with the policy is paramount and will be scrutinized in the event of an incident. Compliance with the security policy can prove to be a strong defense to a liability claim.
Specific security measures
Security measures can begin with basic landscaping and lighting but can escalate to fully armed security officers depending on the threat level. Identifying the appropriate level of security relates back to an accurate identification of the threats or risks involved. Appropriate lighting and landscaping may serve as a deterrent to some crimes such as vandalism or theft in the parking lot, as well as providing guests with an enhanced feeling of security.
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Robert F. Stacy Jr. |
Use of closed-captioned TVs could improve security on a property. The location and monitoring of the cameras, if done properly, can serve as an effective deterrent and provide means for a timely response to an incident. However, improper placement of cameras or failure to monitor can lead to liability concerns in the event of an incident. Cameras should be placed and monitored so as not to give the public false expectations of safety. It is also critical to maintain cameras and monitors to make sure they are all functioning properly. The presence of security cameras generates an expectation of safety by the public. For this reason, the use of dummy cameras is questionable and should be given careful consideration.
Liability issues might arise from ineffective monitoring. Monitoring deficiencies can range from ineffective monitoring because of lack of training or under staffing to no monitoring, but only recording of the surveillance video. Most commonly, the issues that arise are whether a crime could have been disrupted or reaction would have been timelier if the video was monitored in real time. Some liability issues may arise when the use and monitoring of security cameras and/or security officers is greater on the inside of a property than in the parking lot and other outside areas, and a crime occurs outside.
Preservation of video can preclude spoliation of evidence and is important to document what actually occurred. In some instances, video can be enhanced to better show or highlight certain parts of the recording.
Security officers, armed or unarmed, present a heightened level of security. Security officers may be a deterrent to crime as well as providing a timely reaction if a crime occurs. Some considerations include whether to use private security officers or police officers; the number and placement of security officers; whether the officers are armed or unarmed; and whether the security officers are trained to observe and report only or to intervene in certain circumstances.
The public may have a greater expectation of intervention by a security officer than is realistic. However, public expectation and perception can drive juries to view the actions or inactions of security officers more critically than perhaps they should. In many instances the appropriate response of a hotel employee or security officer is to call 911 or local law enforcement rather than to risk injury to persons by intervention.
Duty to guests
The duty of a hotel to protect its guests from criminal activity is premised upon foreseeability. In most jurisdictions, foreseeability can be established by actual knowledge of the violent nature of the assailant or proof of a sufficient number of prior criminal acts on the property. Consideration may be given to the pattern and frequency of prior criminal acts on the property, itself or in the vicinity to establish notices that a specific criminal act was foreseeable.
Prevention of any incident, whether it’s vandalism, assault or terrorist activity, is the ultimate goal. However, even with deterrents in place, criminal acts do occur, which can lead to catastrophic results. Efficient and effective response then becomes critical. Having a crisis management and response plan and team in place will greatly assist minimizing losses.
Robert F. Stacy Jr. is an equity shareholder with ALFA International member firm with Daniel Coker Horton & Bell, P.A. in Oxford, Mississippi. His practice areas include product liability, premises liability and hospitality law. Robert has represented hotel clients in cases involving claims of negligent security, liquor liability, assault and premises liability.
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