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

Financial constraints and complacency are among the issuescontributing to slackened security at commercial buildings, whichcould lead to liability claims, a risk management and coverageexpert observed.

Indeed, large-scale property owners and management companiesthat don't assess their security risks on a regular basis may beopening themselves to potential lawsuits if a security breachresults in injuries or damages to tenants or visitors to theirproperties, warned Dennis O'Connell, a partner in the St. Louisoffice at the law firm Bryan Cave LLP.

A report released by the Government Accountability Office thismonth detailed significant failings in federal building securitymeasures.

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

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

Since then, however, "there's been a relaxation of the immediateconcern, because we haven't had any major events. So the issue iswhether people are keeping their eye on the ball with respect tomaintaining their security and also in the context of newbuilding--the extent to which they are incorporating the latestsecurity technologies."

He said the push for incorporating "green" technologies intobuildings--which promise a payback over time--coupled withfinancial cutbacks may be creating tough choices for organizations,meaning that security upgrades or basic maintenance may fallshort.

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

One of the effects of 9/11 was much more attention to buildingdesign and security, he said, noting the importance for buildingowners and operators to recognize whether industry standards arebeing adhered to.

"You may not have as many security officers on staff, forexample," he said, "but companies could be open to liability andpossible punitive damages if there's a lapse in security and anincident 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 havebeen put in place. He noted there is much information on designstandards and implementation by the GAO and the National FireProtection Association, among others.

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