Lessons from a Lawsuit #3. Is Your Physical Security Environment Adequately Equipped?

Can your company representative, faced with questions on the stand in a courtroom, explain the physical/environmental security measures you have in place? Will they be able to defend that the physical security approach is appropriately targeted and managing to the threat? In today’s tech-enabled world, security programs should be embracing a hybrid security approach that offers on-site security patrols, physical security measures, and security technology.

For general liability lawsuits, it is damaging to your case if you cannot show that you have considered, recommended, or implemented physical security measures that would change the outcome of the threat you are providing security services for. You need to already have an answer before being asked “why” or “why not?”

There are many factors that influence the outcome of litigation including the use of physical security measures and supporting technologies as a part of overall security service offering. One of the first things to be reviewed is the physical solutions being utilized as a part of a program. Before having to answer some tough questions in court, make sure you have first analyzed the following types of physical security solutions (beyond guard presence) that warrant consideration for any security program:

• Access Control Systems

• Intrusion Detection Systems

• Video and Audio Surveillance

• Barriers, Gates, Fences, Bollards, and Lighting

• Visitor Management

• Networks and Communication Platforms

• Interior/Exterior Lighting

• Real-time Guard Tour/Tracking Technology (GPS/Smart Phones, Scanning Devices)

• Security Operations Centers (Remote Monitoring and Security Offerings)

In addition to having the right systems in place (with insight as to why each was included/excluded), lawyers are keen on forcing providers to explain the program’s solutions in meaningful, real-life context - essentially describing the use case(s) being met for the various measures. To prepare for this type of questioning, you should consider the following:

1. What is the threat you are providing security services for?

2. Are physical security measures correctly installed, operational, and being operated with adequate accountability?

3. What type of training program supports the appropriate usage of the physical security measures?

4. What maintenance and record keeping exists to track and attest for the implemented physical security measures?

By investing some time up-front to design and deploy the right combination of physical security measures, your security program is far more likely to withstand the scrutiny that is sure to accompany a general litigation case.