By William F. Blake, CPP, and Walter F. Bradley, Esq.; published by Butterworth-Heinemann, 800/366-BOOK (phone), 800/446-6520 (fax); 112 pages; $24.95.
Many industries have widely accepted published standards that serve as guideposts for assessing legal liability. Examples include the National Electrical Code and the National Fire Protection Association’s Life Safety Code. Security has no such standards. For the most part, the industry relies on a patchwork of case law that makes fine distinctions between actionable and legitimate activity. The authors of this book, in aiming to provide a source of information on prosecuting and defending allegations of negligent premises security, make some sense of this landscape. They do an excellent job of addressing a complex issue in an organized and understandable fashion.
Commencing with the basic elements of a premises liability claim, the authors try to guide the reader through the elements of building a case. Light is cast on the oft-misunderstood term “foreseeability,” and the authors do an admirable job of demystifying the expert witness process. Undergirding these explanations are snippets of cases that highlight each of the key elements in a premises liability action. The authors follow with a section on case and trial preparation from two perspectives: that of the attorney and that of the security professional.
Six appendixes provide sample documents, such as expert witness reports, and investigative resources, such as specific questions to ask supervisory and management personnel. For the uninitiated and experienced alike, these alone are worth the price of this slim but valuable book. Overall, with its well-balanced and accessible analysis of premises liability, this book is ideally suited to security novices, attorneys new to premises liability, property managers, and property owners with limited security or legal knowledge.
Reviewer: John J. Nolan, CPP, is the branch manager for Allied Security Inc. in Baltimore. He is qualified as an expert witness on premises security and other issues. Nolan has been a member of ASIS since 1967, and has served as a regional vice president and chapter officer.