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Legal Aspects of Premise Security

Crimes or injuries that occur on business premises often result in a law suit being filed. To succeed in a negligence claim the plaintiff must prove that the business owed a duty to protect the person injured; the defendant or business owner failed in that duty; and the breach of duty was the proximate cause of the injury or harm to the person injured.

Duty refers to ownership’s duty to maintain the premises in reasonably safe condition for customers or other invitees. Proximate cause means the breach of duty is the actual cause of the injury or harm. Foreseeability refers to whether the injury or harm was likely to occur based on the safety history of the premises and near-by properties.

Standards of Foreseeability
The two standards are prior similar standards and totality of the circumstances. Prior similar standards may exist when the person or organization should have known about similar incidents committed on the premise. The totality standard considers prior similar incidents and factors such as the environment, security training, inherent nature and risks of the business and if recognized and industry standards were being utilized at the time of the incident.

Jim is board certified in Security Management, Physical Security and Investigations. Throughout the world, the Certified Protection Professional (CPP®) designation is acknowledged as the security profession’s highest recognition of practitioners. The CPP, PCI and PSP certifications are awarded based upon experience, education, and of an examination that provides an objective measure of an individual’s broad-based knowledge and competency in security management, physical security and the investigation process. Ongoing professional development is required in order to maintain each credential. As of May 2012, Jim is one of 150 security practitioners world-wide who hold all three of these prestigious ASIS International board certifications in security which are accredited by the Department of Homeland Security.

The CPP®  PSP® and PCI® are administered by ASIS International, the preeminent international organization for security professionals, with more than 38,000 members worldwide which Jim has been an active member since 1981.

Certified Protection Professional (CPP®) This certification designates individuals who have demonstrated competency in all areas constituting security management.

Physical Security Professional (PSP®) The PSP® designation is the certification for those whose primary responsibility is to conduct threat surveys, design integrated security systems that include equipment, procedures and people, or install, operate and maintain those systems.

Professional Certified Investigator (PCI®)Holders of the PCI® certification have demonstrated education and/or experience in the fields of case management, evidence collection, and case presentation.

“Jim conducted a security risk assessment for our organization. We were originally concerned that the proposed strategies might be expensive and outside our budget. However, we were delighted to learn that his recommendations were extremely cost effective and consisted of adding additional processes which cost little or no money to make our environment safer. The end result with the approached utilized by Jim, enabled us to engage our entire staff in the process and thus have a successful and positive outcome in increasing security awareness for the entire organization to include the board of directors. ” — Vincent J. Deon, President, ALDIE Foundation, July 19, 2010

Jim resides in Beaufort County providing expert witness services for plaintiff and defense attorneys throughout the United States and has served as an expert in security for organizations in the US, Canada and South America.


Additonal References Available.