Why Business Owners Must Take Action
In today’s world, business owners must think beyond just daily operations—they must also consider the legal and financial risks associated with inadequate security. Recent legal cases highlight a growing trend: businesses can be held liable for crimes that occur on their premises. This means that failing to provide adequate security can result in lawsuits, financial losses, and damage to a company’s reputation.
Understanding Premises Liability
Premises liability refers to a business owner’s responsibility for injuries or damages that occur on their property. While most people associate liability with slip-and-fall accidents, the reality is that business owners can also be held accountable for criminal acts—such as robberies, assaults, or shootings—that happen at or near their establishments.
For a business to be found liable, three conditions must be met:
- A duty of care is owed to customers or employees.
- A breach of duty occurs due to negligence (such as failing to install security cameras or hire a guard).
- The breach results in damage—such as an injury during a robbery.
Can Businesses Be Held Responsible for Criminal Acts?
The Bass v. Gopal, Inc. court case set an important precedent for business owners. The court ruled that business owners have a duty to take reasonable action to protect their customers and employees from foreseeable risks.
What does this mean?
- If a business is in a high-crime area, it may be considered foreseeable that crime could happen.
- If similar crimes have occurred nearby, business owners may be expected to take extra precautions.
- Security measures such as lighting, surveillance cameras, or security personnel could determine whether a business is found negligent in court.
Real-World Legal Consequences
A more recent case, Lord v. D & J Enterprises, confirmed that business owners cannot ignore security risks. In this case, the court ruled that a plaintiff could sue a business for failing to provide adequate security, even if the crime occurred years before the ruling was made.
The takeaway? A jury is more likely to sympathize with a victim than a negligent business owner. If a customer or employee is injured due to inadequate security, the business could face legal battles, settlements, and reputation damage.
How Businesses Can Protect Themselves
To mitigate liability and keep customers safe, business owners should consider: ✔ Installing security cameras to monitor high-risk areas.
✔ Improving lighting in parking lots and entryways.
✔ Hiring professional security guards to deter criminal activity.
✔ Performing regular risk assessments to identify potential threats.
The Bottom Line
Ignoring security can cost your business far more than an investment in preventative measures. Legal cases continue to reinforce the need for proactive security policies. Instead of waiting for an incident to happen, business owners should act now to protect their customers, employees, and financial future.
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