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The concept of crime foreseeability has been the subject of great confusion for business operators around the country. For years they have been barraged with information of how businesses have been sued, because they have failed to provide adequate security for their invitees. Because of this, most large companies who are open to the public, now incorporate a security plan into their operations manual. However, many companies have become frustrated in this regard because of the courts that have an ever-changing interpretation of the definition of crime foreseeability and legal duty.
How is a business to know what security measures will be deemed adequate should a violent crime occur? How is a business to know how to determine if a crime is reasonably foreseeable? These questions, and others, must be reviewed, including your current security provider
Statistical Crime Reporting
For a business to have an understanding of what security measures to take, Crime foreseeability can only be described as a statistical concept. A statistical concept, in the broad sense used here, is an evaluation of potential crime and reported crime.
Important information relating to "known" crimes at other shopping centres plays an important part in putting together a security plan. As crimes are reported or prevented, they must be logged into a crime statistical register. A review should take place every week, to take action on crimes on the continuing scale.
Components of a Crime Foreseeability Evaluation
There are three distinguishable components of a premise, called factors here, to consider when assessing crime foreseeability. Certain elements exist within these factors that may or may not contribute to foreseeable crime.
The three factors are:
(1) nature of the premises,
(2) Crime demographics,
(3) Location.
If investigation of any one of these factors points to foreseeable crime, then it is impossible to escape the issue of foreseeability. However, to determine the level and type of crime foreseeability, all three factors must be considered.
Levels of crime foreseeability:
The analysis of the three crime foreseeability factors should generate an opinion that will assign the potential for crime into one of four levels.
Crime potential will be:
(1) not foreseeable,
(2) low,
(3) moderate, or
(4) High.
These levels of foreseeability must have elastic values to allow business community and or trier of fact (Jury) to have a range in which to categorize their understanding of the information at hand. It is conceivable that a particular crime type could fall on the borderline between low and moderate or moderate and high.
Low Crime:
A low crime foreability level has an upward limit that will be tested as a crime occurs.
Moderate Crime:
Moderate crime foreability is defined as a level such that after considering the nature, location, and crime demographics, a reasonable and thoughtful person would anticipate the possibility of a criminal action against property or person while on the premises.
High Crime:
High crime foreseeability is defined as a level such that after considering the three factors, a reasonable person would actually anticipate that an assaultive crime might occur at any time. This opinion would be supported by crime demographics that showed a pattern of assaultive and other crimes.
Conclusion:
An established criterion for determining a level of crime foreseeability must be utilized in order to provide a sound basis for your security plan. Otherwise, your security plan may be based on guest work uncertain predictions, and whim. |
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