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Major Lawsuits Over Crime and Security - Trends and Patterns, 1958-1982

NCJ Number
96924
Author(s)
L W Sherman; J Klein
Date Published
1984
Length
58 pages
Annotation
This report addresses the role of private resources in preventing and controlling crime and analyzes 186 awards in crime- and security-related lawsuits reported by the American Trial Lawyers' Association (ATLA) from 1958 to 1982.
Abstract
Factors conducive to security litigation include the growth of private security, the increased liability of organizations that have not adopted more elaborate security measures, and the growth of reported crime. Attention is focused on the types and locations of security-related incidents and on characteristics of defendants and plaintiffs. Analysis reveals that two problems comprised 78 percent of all the awards: inadequate security and false arrest. In addition, 80 percent of the major 'inadequate security' awards were reported from only 10 States, and only 4 jurisdictions -- Florida; Washington, D.C.; New York; and New Jersey -- accounted for almost half of the reported cases. Findings reveal that every one of the plaintiffs was an individual and that two of every three major reported awards were won by customers. Although retailers were the most common defendants in successful security lawsuits, Federal, State, and local government agencies; hospitals; schools; and office buildings all suffered substantial losses from security litigation. Damages ranged from $1,000 to $7.5 million; the mean was $130,000. These results highlight the need for field tests of the effectiveness of security measures. Included are 36 tables, 2 appendixes, and 15 references.

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