When Security Fails …

High-tech security systems present a double-edged sword. These systems create a distinct selling advantage and do assist in protecting the facility from intruders and thieves. The downside to high-tech security systems is that they must be maintained and monitored.

For example, a common self storage lawsuit involves an advertised security system that fails and the management is remiss in repairing the system in a timely fashion. Therefore, a facility can be held liable if they don’t make necessary repairs within a reasonable time period. The general rule of thumb is that the more sophisticated the system, the shorter the “reasonable time period” will be.

For example, if a digital video recorder fails, it is best to have it repaired immediately upon learning of the failure. Many vendors or repair companies will rent a DVR while repairs are being made. If a security camera fails, it should be repaired or replaced immediately. After all, security cameras are readily available and are inexpensive.

Failure to act quickly could result in an aggrieved plaintiff suing the facility for negligence and failure to provide advertised services and protections. The question in most of these types of lawsuits is: “Did the facility respond in a reasonable way to the system’s failure or did they make any reasonable accommodations to maintain the integrity of the property until the system was restored to full status?”

While the question of high-tech security systems seem obvious, what about the “low-tech” systems? Another common problem area is the failure of the access systems. Oftentimes, gate operators fail, the gate is damaged, loop detectors fail, and the gate access system is inoperable. What duty does the facility have to alleviate problems and prevent claims? Once again, the watchword is reasonableness. Any malfunction of any system component should be immediately addressed.

For example, if the gate vendor cannot make a gate repair on the same day called, it is prudent to manually close the gate at closing time and to chain it shut. A few customers may be inconvenienced for a day, but it is more prudent to protect the facility during periods of equipment failure. On the other hand, if a camera fails, waiting one or two days for a replacement would be reasonable. If management discovers that the perimeter fencing has been compromised, reason dictates that repairs should be immediate. If one light fixture is not working, a one- or two-day delay is not unreasonable.

In order to avoid unnecessary liability, management should conduct weekly inspections with a detailed checklist. When malfunctions are discovered, they should be dealt with immediately, especially if they involve security measures. It is best to inspect the property early in the day so that vendors have time to respond if problems are discovered. Be sure to anticipate system failures and have a backup plan ready. Remember, it’s not a question of if a failure occurs, but simply when.

This column contains legal information that is generalized to illustrate legal principles and laws, but should not be substituted for the advice of your own attorney.