As a business owner, manager or security professional, you need to understand every factor that may affect your legal duty to protect your invitees.
Businesses have an obligation to protect persons on property. While the degree of obligation may vary from state to state, in most cases, most legal entities are responsible for the safety of any “Business Invitee.” As opposed to say trespassers, “Business Invitees” receive the greatest degree of protection under the law.
The type of incentive or reason that the invitee is visiting the business may also increase its duty to protect. For instance, alcoholic beverages, which lead to altered mind states may increase the need for security. This could apply to any substance or activity designed to raise one’s emotional state, which must be considered when determining risk.
Several additional factors contribute to overall risk picture. They include but are not limited to: Type of business, incident history, foreseeability, mitigation practices, facility design, and local crime rates.
When determining your business’ mitigation strategy, you should avoid trying to define and insure for every liability you may face. Instead look at all of the risk factors that you can foresee. Liability is a legal conclusion. Risk factors determine what can go wrong, which can compromise your ability to protect the invitees on your property. These risk factors have significant impacts on your brand reputation along with your liability.
Businesses that assume that foreseeable risk is acceptable are risking massive financial and reputational damages. Instead they must mitigate foreseeable risks with effective violence prevention strategies and policies.
**Please note: This review is not intended to be legal advice. Businesses must always consult with a qualified attorney before making legally sensitive decisions. This blog is however, intended to get inspire businesses to think these concepts and how they relate to daily operations.**