Study analyzes results of premises liability cases

Dec 1, 1999 12:00 PM, ACCESS CONTROL & SECURITY SYSTEMS INTEGRATION STAFF

Crimes committed in parking lots are the most likely to lead to liability lawsuits. In fact, parking lots are almost twice as likely as other locations in a facility to be the site of incidents that lead to expensive liability lawsuits.

The safety and security of parking lots have long been questioned by security professionals and the public, with concerns focusing on poor lighting, seclusion and undesirable parking lot locations. Statistics revealed in a new five-year study confirm the security risks of parking lots.

It's just one of the insights to be gained from the analysis by Liability Consultants Inc., Sudbury, Mass., of 731 liability cases regarding settlements, verdicts and remanded lawsuits filed between 1993 and 1997. Of the 559 cases for which the location of the crime was revealed, 130 occurred in parking lots. Crimes in stores came a distant second with 71 cases regarding settlements, verdicts and remanded cases.

Liability Consultants Inc. has published the statistical report and analysis "Major Developments in Premises Security Liability II." The study focuses on inadequate security liability and the development of case law nationally. It is a sequel to an earlier report that covered the years 1983 through 1992.

The source for the cases in the study was analysis of settlements and verdicts reported in nine national legal journals. Using the statistical data, researchers attempted to find answers for the following questions:

* What type of crimes generate premises liability claims?

* Which businesses and institutions are being sued?

* Where specifically on a property are most crimes occurring?

* How much are lawsuits costing property owners and their insurance carriers?

* Is there any difference in the amounts received by plaintiffs from out-of-court settlements compared with jury verdicts?

* In which states are these lawsuits most often filed?

Of the cases going to a court of law, statistics show that the majority of verdicts favored the defense. Security and law experts believe the trend of more defense verdicts stems from the fact that property owners and defense counsel have educated themselves on defending such lawsuits and that property owners have been proactive in taking steps to protect their property.

Here are some other results of the study:

* Apartment complexes are sued most often for negligent security, followed by restaurants and retail stores.

* Assault and battery is the most common crime committed, followed closely by rape and sexual assault.

* In the majority of cases in which plaintiffs recovered some award through a verdict and/or settlement, the amount recovered was under $500,000. More than a quarter of the cases reported were over $1 million. The overall average award for verdicts and settlements was in excess of $1.4 million.

For more information about "Premise Security Liability II" contact Liability Consultants Inc. at 978-440-9906.

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