New Mexico Security Blog by Robb Hamic

Negligent Security in New Mexico. Robb Hamic: "A disaster waiting to happen."

July 31, 2009- Albuquerque, NM-     As the economy continues to deteriorate, an increasing number of New Mexicans are becoming the victim of crimes on commercial properties, gas stations, grocery stores, parking lots, restaurants, night clubs, bars, apartments, property management, hotels and every conceivable other place that people operate for profit.  Business owners have a distinct duty or standard of care to protect their customers, tenants, residents and invitees from injury, crime, danger and risk.  A risk assessment is the first step in determining potential risks.  Business owners in New Mexico are not good about performing risk assessments or the measures that are required to provide adequate security.  

Don't be the victim.  Contact me if you have been injured.  I may be able to help. 

robb@callsummit.com

Property Managers and owners- this is for you!

Countless property managers have been surveyed to determine details of their risk assessment and property security programs. The results were very disappointing because of the apparent lack of understanding of premises liability and negligent security issues on the part of those managers responding to the survey.

The survey results indicate that the overwhelming majority of property managers and owners would not be able to successfully defend litigation for negligent security. The plaintiff would probably be successful in demonstrating that, at best, there was a minimal attempt to identify risk. A negligent action would result in injury.

The surveys were sent to property managers for commercial properties. The properties included apartments/condominiums, office buildings, hotels/motels, retail stores/malls, manufacturing/assembly facilities, and industrial parks. The results of the surveys reported:

• Fifty-seven percent of the respondents had not conducted any type of risk assessment for their  properties. The remaining respondents had conducted some form of risk assessment within the previous two years.
  • The property manager or an independent security consultant conducted the assessments. The analysis tasks included the identification of security risks and vulnerabilities existing within or on the facility property and inspection of the facility to identify actual or potential security vulnerabilities resulting from the facility design or maintenance. Only one survey conducted reported meeting with local law enforcement officials to identify the crime problem within the area.
  • None reported meeting with adjacent businesses to identify common security risks and vulnerabilities or meeting with staff members and tenants to identify their security knowledge and concerns.
  • The minimal actions of the security consultants to identify potential risks bring into question their professional knowledge of premises liability and negligent security claims. This identifies the necessity to ensure that the consultant has the skills and knowledge to best meet your needs.
  • One property reported that a consultant had conducted a risk assessment but there was no written report of findings. The plaintiff’s attorney will certainly directly state or imply that there was a “cover up” of risks on the property.
• More than half of the respondents reported that security instructions, policies and procedures had been compiled but were not readily available to staff members.

Proper use of force and law enforcement/ security's over-reliance on weapons

July 22, 2009- Albuquerque, NM--     I review a lot of use of force incidents as a law enforcement/ military and security trainer.  Most military engagements are usually pretty strait forward.  There is a lot of gray area when security and law enforcement officers deal with the public and resort to use of force. All departments have a use of force continuum or 'ladder,' but it is not followed in countless incidents.

I recall a recent incident in Austin where a Travis County Constable used a Taser on response to the verbal resistance from a older lady.  The incident made national news and illustrated the fact that a greater degree of force was used on this elderly woman to meet the threat she posed to the Officer. This occurrence wasn't necessarily uncommon, it was just 'caught on tape.'  

The generalized use of force ladder for most agencies is the same.  When you are confronted with a resistive person and you have determined that you must use force you start with your presence.  A good strong presence may deter further escalation of force.  Next is verbal action or commands.  Many people comply with commands.  Then there is empty hand control or force on force.  OC spray/ chemical spray and Taser often are on the same level, which is the next greater degree of force.  Impact devices, such as an expandable baton, is the next level.  Finally, deadly force is the final level of force that may be used in permissible situations.

Many police or security officers skip many of the levels of force and go strait to Taser or OC Spray in confrontations when the situation could be handled with a lesser degree of force. "Good hand to hand techniques are essential for an officer to use the least amount of force necessary to control a situation," says Rob Hamic.  This is the area where officers receive the least amount of training and have the least amount of confidence, thus moving to weapons instead of handling people with their hands.

Officers can seek out additional training because most departments offer no advanced or ongoing training after the police academy.  Seriously.  It astounds me that officers are not prepared to deal with the very situations that they encounter on a daily basis.  Confidence comes from practice and muscle memory.  If you wear a badge, you owe it to the forth (4th) amendment to use the least amount of force to take a person into custody or defend yourself or a third party.  Why use a Taser on a 70 year old lady when you can easily take her down and put her into handcuffs, if that is what you need to do?

Security is in a different category all together.  Most officers receive very little empty hand techniques in the small amount of basic license training.  Ongoing training is all self-initiated and it is pretty had to afford training on $8 hr.  It is sad because many good officers want continual training but they can't afford it in terms of money or time.  The security company bears responsibility because they know the low level of training that the officers have when they contract with business to provide security.  They often sell a different package than the actual guard who arrives on the scene to provide the service.  The customer (business) say that they want good security but they often choose the lowest bidder and that is sometimes from an unlicensed or illegal security company.  These companies can make lower bids by not paying certain insurance costs (worker's compensation, general liability, vehicle), taxes and other expenses; improving their margins by as much as 30%.  This is how a bad company can under bid a good one.  There is not much profit is doing security the right way.

The people to suffer or get beat up are sometimes completely innocent of anything except running into an inexperienced and scared officer who doesn't know how to use his/her hands and resorts to a higher level of force.  Law Enforcement and security have a duty to do the right thing and have a reasonable standard of care that must be followed.  People who are injured may seek damages and there are attorney's that specialize in negligent security, improper use of force and other liability issues.

Make a comment below or e-mail me.         

Negligent and inadequate security in Albuquerque New Mexico

Albuquerque, NM- July 21, 2009--     I have been contacted by many people (victims, attorney guards and security companies) regarding the issue of negligent or inadequate security on the part of businesses in Albuquerque and New Mexico.  In my opinion, it has always been a problem but with our worsening economy it is becoming more of a problem.  People are getting hurt on properties that have a long history of violence and the owners/ managers are well aware of the risks posed to customers and employees.  The customers and employees are almost always unsuspecting.

Inadequate Security/Negligent Security

Inadequate security or negligent security cases involve the failure of business proprietors, such as mall and shopping center operators, apartment and residential rental housing owners, hotels and motels, restaurants, etc., to implement reasonable and ordinary security measures for the protection of their customers from crime when necessary for the protection of the customers. As a general rule, business proprietors are not liable for crime occurring on their property. However, if there has been a pattern of crime on and about the business property, or if the nature of the business makes it peculiarly susceptible to criminal activity, the law will impose upon a business owner a duty to implement reasonable security measures designed to prevent or deter future crimes. Such measures may include increased or better lighting, security guards, better or additional locks, perimeter protection and overall improved maintenance of the business property. A breach of this duty is called negligence. 

Albuquerque has one of the highest per-capita violent crime rates in the nation! 

Negligent security also happens when a security provider is hired by a business and does not perform their job.  In many cases, security guards have injured people through negligence which involves not being trained.  In some cases, security guards have received no training and they hurt people.  Security company owners choose to employ guards who have poor criminal records or a history of violence. People ho are injured by security guards often have the following causes of action: negligent hiring, negligent retention, negligent training and negligent supervision.

 It is important to mention that the business has total control over security, its practices, hours assigned, duties, man-power, directives, etc. and that many businesses are scrimping on security to make more property at the expense of their customers.

Have you been hurt in a Negligent Security type of incident in Albuquerque or in New Mexico?  If so, i would like to hear from you.  robb@callsummit.com