NU Online News Service, July 17, 12:55 p.m. EDT

Financial constraints and complacency are among the issues contributing to slackened security at commercial buildings, which could lead to liability claims, a risk management and coverage expert observed.

Indeed, large-scale property owners and management companies that don't assess their security risks on a regular basis may be opening themselves to potential lawsuits if a security breach results in injuries or damages to tenants or visitors to their properties, warned Dennis O'Connell, a partner in the St. Louis office at the law firm Bryan Cave LLP.

A report released by the Government Accountability Office this month detailed significant failings in federal building security measures.

Mr. O'Connell said a similar situation may exist in thousands of privately-owned buildings across the country whose owners and managers have ramped down security procedures. Cuts related to the economic downturn and the lack of a recent major terrorism threat on U.S. soil may have contributed to a reduced emphasis on formal security, he explained.

Mr. O'Connell said that added security measures for commercial buildings were put in place after the terrorist attacks of Sept. 11, 2001. "We went through a very heightened recognition of security issues, in the context of terrorism--and also with people who may be deranged or hold grudges," he said.

Since then, however, "there's been a relaxation of the immediate concern, because we haven't had any major events. So the issue is whether people are keeping their eye on the ball with respect to maintaining their security and also in the context of new building--the extent to which they are incorporating the latest security technologies."

He said the push for incorporating "green" technologies into buildings--which promise a payback over time--coupled with financial cutbacks may be creating tough choices for organizations, meaning that security upgrades or basic maintenance may fall short.

"In terms of individual office buildings," he said, "for awhile things were much tighter in many cases, where you were required to check in, even call in advance to get clearance." Now, he added, "I don't think the same level of scrutiny is being maintained."

One of the effects of 9/11 was much more attention to building design and security, he said, noting the importance for building owners and operators to recognize whether industry standards are being adhered to.

"You may not have as many security officers on staff, for example," he said, "but companies could be open to liability and possible punitive damages if there's a lapse in security and an incident occurs. Just because we haven't seen any major disasters, we need to keep remembering to keep our guard up."

The other part of it, he said, is to maintain systems that have been put in place. He noted there is much information on design standards and implementation by the GAO and the National Fire Protection Association, among others.

From a lawyer's standpoint, Mr. O'Connell said, "if you've had a certain level and you've implemented certain procedures and systems and then you back off from that, or you let the systems deteriorate and reduce your level of scrutiny and something happens, that's when you're going to be second-guessed after the fact, and your liability exposure is going to be significant."

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