What's our liability risk?

undefinedWhat is the name of your state? Ohio

Help! I am the staff accountant and facilties manager for a small non-profit. In this dual position I am responsible for security issues in our building while also seeking to protect the financial position of our organization.

We have a four story building of 40,000 square feet. The fourth floor is leased out to three other non-profits, all of whom regularly receive visitors, while floors one through three are utilized to provide medical services to our clients who are primarily preschool age children and senior citizens. Also the vast majority (95%) of our staff is female.

Security in our building is lax as evidenced over the last three years of numerous incidents of office creepers; theives who roam from office to office seeking to steal purses, wallets, or other items of value. These criminals have entered our building during regular office hours which are 8:00 AM to 7:00 PM; although the staff remaining in the building after 5:00 greatly decreases. Although we have three video cameras in our 1st floor lobby to capture the images of those who enter, anyone can simply walk past the receptionist without being questioned. We do not require visitors to sign in, wear visitors badges, or be escorted throughout the building or otherwise limit access.

Last year, resulting from one of the office creeper incidents, two security consultants reviewed, pro bono, our building's security components and procedures and, finding security lacking, offered many recommendations. Most of these have been dismissed by management as too costly or not in line with the image our organization wants to promote; we want to be open and friendly not confining and impeeding.

My question is what type of liability risk do we face if, knowing our security is lax and failing to enact the recommendations that were received, we were to face a worst case scenario of one of our staff, tenants, or clients being murdered, assualted, abducted, raped, or molested in/from our building?

Sorry to be so wordy. Any responses would be greatly appreciated.

[HomeGuru]

Originally Posted by FacilityManager

undefinedWhat is the name of your state? Ohio

Help! I am the staff accountant and facilties manager for a small non-profit. In this dual position I am responsible for security issues in our building while also seeking to protect the financial position of our organization.

We have a four story building of 40,000 square feet. The fourth floor is leased out to three other non-profits, all of whom regularly receive visitors, while floors one through three are utilized to provide medical services to our clients who are primarily preschool age children and senior citizens. Also the vast majority (95%) of our staff is female.

Security in our building is lax as evidenced over the last three years of numerous incidents of office creepers; theives who roam from office to office seeking to steal purses, wallets, or other items of value. These criminals have entered our building during regular office hours which are 8:00 AM to 7:00 PM; although the staff remaining in the building after 5:00 greatly decreases. Although we have three video cameras in our 1st floor lobby to capture the images of those who enter, anyone can simply walk past the receptionist without being questioned. We do not require visitors to sign in, wear visitors badges, or be escorted throughout the building or otherwise limit access.

Last year, resulting from one of the office creeper incidents, two security consultants reviewed, pro bono, our building's security components and procedures and, finding security lacking, offered many recommendations. Most of these have been dismissed by management as too costly or not in line with the image our organization wants to promote; we want to be open and friendly not confining and impeeding.

My question is what type of liability risk do we face if, knowing our security is lax and failing to enact the recommendations that were received, we were to face a worst case scenario of one of our staff, tenants, or clients being murdered, assualted, abducted, raped, or molested in/from our building?

Sorry to be so wordy. Any responses would be greatly appreciated.

**A: your company would have heavy liability for failing to follow recommendations from the professional consultants and mitigating such conditions. Have your corporate legal counsel provide a legal opinion and also double check with your insurance carrier.

[You Are Guilty]

Holy moly. If I were the plaintiff's attorney and those facts came out in discovery, I'd start shopping for a new house the next day.

Security requirements, while generally are not very extensive (usually, "minimal precautions" will protect you), all go right out the window when you have actual knowledge of specific types of incidents which go on there. And that can certainly be used against you for "non-anticipated" crimes (i.e. a rape rather than petty theft), particularly if no measures were taken to combat the known criminal activity.

My recommendation? Go increase your insurance coverage, you'll likely be needing it.


PS: In a post 9-11 world, people (juries) are looking at security in a whole new light. What flew in 2000 is likely not going to suffice anymore. Security plans made since then take this into account - but it sounds like yours is older.