Although a criminal is directly responsible for injuries, through a negligent or inadequate premises security action, a victim injured by a third-party attack while on another’s property can also pursue a remedy for their suffering against those responsible for maintaining the property. Actions by the victim or surviving family may be brought against any business or landowner.
Since the 1970s, high profile crime cases led the way to an era of civil litigation establishing negligent premises security liability. Today, numerous law firms specify negligent security as a specialty practice area. Studies have shown settlements and jury verdicts can be substantial at hundreds of thousands of dollars, even exceeding a million dollars.
While insurance companies afford protection to residential operators and owners, one large negligent security payout can result in severe consequences to renewal term pricing, or whether a renewal term is even offered. Should a jury determine a property owner egregiously disregarded security controls, a punitive damages verdict could cause significant out-of-pocket costs when insurance policy or legal jurisdiction restrictions apply. Reputational harm and losing quality tenants can add additional financial consequences. Apartment owners and managers are in the best position to prevent criminal activity and defend against negligent security actions by putting diligent controls in place.
While crime is not always preventable, below are actions that property owners/managers can take to reduce crimes from occurring:
Demonstrate Crime Intolerance to Tenants
- The lease should address criminal activity of tenant or tenant guests, which can result in the termination of residency.
- Encourage apartment crime watch participation and engage with local police.
- Create a monthly newsletter which solicits reports of alarming activity and communicates crime prevention tips.
Schedule and Document Monitoring of Area Crime
- Review published neighborhood crime statistics and compare those to your level of security controls. Consider enhancement of security controls as needed. This process should be conducted and documented at least quarterly, and more frequently in high crime areas.
- Ensure on-site vandalism, thefts, public disturbance reports, or any reported crimes are handled appropriately and documented.
Employee, Contractor, and Tenant Selection
- Run employee background checks, including criminal and reference checks.
- Use licensed and bonded contractors.
- Ensure that each tenant is named on the lease with a background, criminal, and reference check.
- Train property managers to monitor residences for unauthorized occupants.
Physical Barriers and Deterrents
- Consider installing fences and gates in necessary areas in order to keep out intruders and deter crime.
- Ensure that the fences and gates are in good condition or are fixed so that an intruder cannot crawl under, through, or over.
- Ensure that all doors and windows have locks and that only appropriate personnel have access. Always change locks whenever a resident moves out.
- Restrict building access to non-residents using call boxes, buzzers, and/or concierge staffing (ideally 24/7).
- Ensure there is adequate lighting at all entrances, exits, walkways, parking areas, pools, playgrounds, and other common areas that may be accessible to tenants.
Security Systems
- Consider burglar alarms for restricted building areas or common areas (i.e. roof access door alarms, motion detectors in laundry rooms after hours, etc.).
- Consider installation of camera systems such as CCTV and motion-based cameras. Typically, monitored areas may include entrances, exits, parking lots, courtyards, recreation facilities, general common areas, elevators, etc.
- Select remotely accessible systems which are recorded on a local hard drive or a web-based platform.
In addition to these best practices, it’s important to conduct self-inspections on a regular basis, including considering weekly inspections in higher crime areas. Work with a seasoned insurance and risk management specialist to help you develop a security checklist and ensure your properties and your tenants are prepared and properly protected.
Frank DeLucia
Senior Vice President
HUB International Northeast
212-338-2395
frank.delucia@hubinternational.com
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