Shopping Cart
Your Cart is Empty
Quantity:
Subtotal
Taxes
Shipping
Total
There was an error with PayPalClick here to try again
CelebrateThank you for your business!You should be receiving an order confirmation from Paypal shortly.Exit Shopping Cart

Premises Security Experts Inc.

Safety & Security Professionals

CALL: 609-822-2626

Blog

The Missing Link in Your Case

Posted on May 18, 2017 at 10:55 AM

Proving Foreseeability


We live in dangerous times, especially when venturing outside of our homes and residences to engage in necessary commerce and participate in the general "pursuit of happiness." Far too often people fall victim to violence, crime or suffer serious injury while doing so.


Innocent victims, or sometimes, sadly, their survivors, often seek out legal redress and compensation for their loss through their attorneys. Most of the elements of these cases are patently obvious: Serious damage was done; a likely breach of the legal duty and moral obligation of someone to provide for a minimum standard of care for their customers, patrons and guests. The question is, how does counsel prove proximate cause and negligence in the case?


In order to bring a case to a successful conclusion, plaintiffs' attorneys need to establish the actual level of, and foreseeability of risk at the time and place of their occurrence. The level of prior crime on and near the property is needed to determine the level of risk that was present.


Once that is established, attorneys need to make their case around the evidence that the defendant's security measures in the face of that risk were inadequate or unreasonable. An experienced expert in law enforcement and in the security field can determine the level of risk and whether the security provided by the defendant was adequate or reasonable.


You require accurate data to succeed in bringing the matter before you to a successful conclusion. The actual and genuine "foreseeability" of risk required for successful prosecution of your case is often hidden, and hard to prove.


Defendants in negligent security cases often have a vested interest in under-reporting crime and diminishing the actual risk to the public mainly because reasonable and proper security performed by professionals is quite expensive. Furthermore, many defendant companies do not want to record events that would demonstrate their civil liability.


In other words, many defendants both ignore risk and fail to provide adequate and reasonable security. This behavior is a shortsighted and reckless attempt to increase margins and profits. Obfuscation, downgrading and confusion about crime and risk exist and even proliferate in many industries. Where do plaintiffs' attorneys go to establish the foreseeable risk facing their client/victims in a negligent security case? How does one obtain accurate and factual information in taking a scientific approach to comply with the tenants of the rules of evidence?


In order to determine the actual level of risk existing at the time and place of the incident, a security expert is required. John Leighton, Esq., one of the nation's foremost lawyers litigating premises security cases, says:

"Expert witnesses are almost always necessary to bring an inadequate security case. Since the plaintiff has the burden of proving foreseeability and negligence and causation, doing so without expert testimony is almost impossible."


Knowledgeable security experts make use of public and private sources of crime and risk, such as the FBI Uniform Crime Report (UCR). The eight most common serious index crimes listed in the UCR are Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Auto Theft, and Arson.


There are private companies that can provide accurate and graphic data on the index crimes and forecast risk at a particular location. It should be noted that this data is available to the defendants involved in negligent security cases prior to the event actually occurring.


Police departments have computerized communications systems that provide an extraordinarily accurate record of all founded police actions at a particular location within the agency's jurisdiction. This relevant crime data is automatically gathered, mainly by 911 calls on Computer Aided Dispatch (CAD) Systems. These reliable sources of foreseeable risk data will enable your security expert to provide a stronger opinion in considering the totality of the circumstances in determining the level of negligence and the proximate cause of your client's injury.


Andrew P. Sutor is Principal at Sutor & Associates, LLC, which provides professional security consultation and expert witness services for attorneys pursuing premises liability and negligent security cases. Reach Andrew at: [email protected] or at 609-822-2626. Visit www.SutorSecurityExperts.com for more information.


Categories: Premises Security Cases

Post a Comment

Oops!

Oops, you forgot something.

Oops!

The words you entered did not match the given text. Please try again.

49291 Comments

Reply ZakBat
8:56 PM on September 16, 2021 
where can i buy oral ivermectin stromectol where to buy ivermectin 3mg for lice triphala garcinia
Reply JudyBat
8:56 PM on September 16, 2021 
sildenafil 50
Reply CarlBat
9:16 PM on September 16, 2021 
generic viagra canadian pharmacy
Reply JudyBat
9:18 PM on September 16, 2021 
ivermectin ireland
Reply AlanBat
9:21 PM on September 16, 2021 
generic cialis cost
Reply MarkBat
9:21 PM on September 16, 2021 
how safe is viagra
Reply dauctStab
9:22 PM on September 16, 2021 
Lasix
Reply Priligy
9:24 PM on September 16, 2021 
Cialis 4 Pastillas
Reply hydroxychloroquine order online
9:24 PM on September 16, 2021 
Achat Medicament Ivg
Reply Lasix
9:30 PM on September 16, 2021 
Acheter Viagra Europe
Reply Encople
9:32 PM on September 16, 2021 
http://buypriligyhop.com/ - priligy medication
Reply Lasix
9:40 PM on September 16, 2021 
Buy Viagra Cialis Online Canada
Reply EyeBat
9:47 PM on September 16, 2021 
prednisone 10mg buy online
Reply MarkBat
9:56 PM on September 16, 2021 
buy generic viagra online with mastercard
Reply AshBat
10:01 PM on September 16, 2021 
keftab without prescription generic cialis tadalafil viagra for sale in uk stromectol covid cialis super active brand cialis online usa stromectol 12mg modafinil how to get
Reply Untonoume
10:07 PM on September 16, 2021 
Reply Encople
10:08 PM on September 16, 2021 
http://buypriligyhop.com/ - buy priligy generic fraud
Reply WimBat
10:13 PM on September 16, 2021 
order vermox over the counter generic sildenafil 100mg tablet cialis in mexico online tetracycline buy online
Reply Untonoume
10:18 PM on September 16, 2021 
http://buyzithromaxinf.com/ - chlamydia treatment azithromycin
Reply UgoBat
10:20 PM on September 16, 2021 
where can you buy viagra without a prescription azithromycin 500g tablets viagra pills cialis buy cheap can you order generic viagra online