In every negligent premises security case, there are 7 keys factors to consider in order to prove negligence

1. For a premises security case to exist there must be negligence. The negligence in question starts with the basic concept that one who occupies the land or controls or maintains a business owes the public a duty of care whch includes the duty to take reasonable steps to prevent reasonably foreseeable crimes. If the occupier is unable to do that, he at least has a duty to warn of such hazards so individuals can take reasonable steps to protect themselves.
   
   The type of negligence usually found in premises security cases consists of a failure to take reasonable steps to prevent foreseeable crime. That typically means a failure to have one or more of the following:
   
   Security consisting of an armed uniformed guard, an unarmed uniformed guard, a partially uniformed guard, nonuniformed/plainsclothes security guards, sale employees and "courtesy officers".

Security equipment such as simply having door locks, gate and dloor locks using key codes, key, biometrics or human access control, or closed circuit television.

Lighting and illumination especially in cases of ATM night time assaults.

Perimeter control by businesses.

Policies and procedures developed by businesses for security and crime prevention and whether such policies exist.

Architecture/design/landscaping consideration as a causal or contributing factor in facilitating crime.

Key control to determine whether there is access through the use of a key or master key.

The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429