Key Points of Security Risk Management
Over 2 Million people are affected by violence in the workplace and annually $120 Billion is paid to injury victims and their attorneys – think they’re working to prove you wrong? How are you going to prove you weren’t negligent when you did nothing? Even if you can, don’t you agree you have a better chance with tangible security plans, independent opinions and reports from industry approved and recognized and experts? – Not to mention, they Trust us because were Approved and Provided by POLICE®…. You decide!
Employer Legal Obligations | Duty-of-Care
Federal Regulations – OSHA General Duty Clause: The Occupational Safety and Health Administration (OSHA), requires employers provide a workplace free from “Recognized Hazards” that are causing or are likely to cause injury or death. Section 5(a)(1) of the General Duty Clause outlines the requirements and the Duty-of-Care owed by employers and Section 5(a)(2) is the duty of employers to comply with the OSHA standards.
State Regulations – Premise Liability Laws: You can NOT prevail in a lawsuit about security negligence or premise liability to your business or you personally unless someone can prove or convince a judge, jury or other adjudicator that you breached your Legal Duty (Duty-of-Care) owed to that person. Examples of Your Basic Duties Include and are not limited to:
- Compliance with Industry Best Practices and Standards
- Compliance with Laws and Regulations
- Exhibit Due Regard for Others Safety by Warning of Unsafe Conditions
- Identifying and Mitigating Workplace Hazards and Vulnerabilities
- Reasonably Made Efforts to Promote, Create and Maintain a Safe Work Environment
Premise Liability is the concept that arises when someone claims an injury or death (personal injury claims) was caused by unsafe, defective or poor conditions on someone else’s property. In order to prevail, the injured party has to prove the Land Owner was negligent with respect to their ownership or maintenance of the property. Simply said, you have to prove something they did or did not do led to the injury. These types of cases claim inadequacy or negligence of security measures or conditions and include the following:
Security Negligence and inadequacy cases, including the following highlight the seriousness of addressing security now and how simple it would have been to eliminate exposure and liability proactively.
- Barrak v. Report: Over $100 million was awarded to the victim of a shooting incident where the business owner didn’t properly maintain his property to promote safe conditions which lawyers said contributed to the shooting.
- Eugene v. Latrun Reality: Over $5 million dollars was awarded to a shooting victim who was a security officer at a Hotel where gunman stormed in and shot him. The hotel was negligent regarding the adequacy of their security due to their ignorance to address security in a high crime area.
- Vente v. Cornerstone: Over $1 million dollars was awarded to the victim of a fall who jumped out a third story window while running away from someone who was attacking her. Had she not jumped, she likely would have been killed by her attacker. However, the courts ruled that the property owner failed to make the property safe because Vente shouldn’t have been able to jump out of the window.
- Night Clubs
- Shopping Malls
- Apartment Complexes
Employers have a fundamental duty to safeguard their business, employees and visitors. You promote optimal productivity by adopting a culture for safety and enforcing a multidisciplinary approach of Comprehensive Risk Management. Having a clear understanding of your Vulnerabilities will geometrically enhance your chance for success should you face claims of security inadequacy or negligence.
There’s no immunity to workplace violence and by not addressing your risks, you expose yourself to hundreds of millions during every single incident. With over 120 Billion spent on workplace violence annually, doesn’t it make sense to work on prevention now?
There are forms published on the internet that are easily searchable through Google for injury victims including outlines to meet the basic requirement for suing someone. In a society where we advertise and encourage suing even our boss, it only makes sense to do everything to protect yourself now.
The only element of security inadequacy that matters for avoiding your share of Hundreds of Millions and/or Billions is, NEGLIGENCE. If you take the time to identify and mitigate your hazards, I guarantee you the best chance for success when confronted with these incidents.
Whether or not your company is OSHA regulated or monitored, you’re exposed equally to liability from security negligence and inadequacy. Although workers compensation protects employers from liability, when an employee can prove you acted unreasonably or without “Due Regard” for their safety, you open yourself up to a tort called “negligence”.
The requirement for proving negligence is simple. The employer knew – or should have known of a threat and failed to take necessary steps to prevent it. In today’s society, it’s hard to deny the ongoing risk of terrorism, violence, active shooters.
Our experts are active and retired police officers. We give you the best chance of success with sound plans, policies and procedures. Partner with BluLine and Trust our police experts to handle your security needs.