Building owners taking the risk factor out of the equation.

In the post 9/11 environment, building security is more evident than ever before. In most large cities--and in New York City in particular--visitors are required to show identification, sign in and receive approval from the person they are visiting.

However, basic building security goes beyond the entryways and has a significant impact on liability issues.

Keeping building security and safety measures up-to-date is an important precaution for property owners seeking to limit their liability if an emergency situation should arise.

In both residential and commercial buildings, owners are required to keep their premises in a reasonably safe condition, and to maintain minimal precautions and security measures to protect the public from foreseeable harm.

Certain buildings face more risk than others, based on a variety of issues, including their proximity to transportation or business centers, government offices or religious organizations. It is also important for property owners to evaluate whether the occupants of the buildings themselves may require greater security--diplomats. high-ranking executives and celebrities are a few examples of individuals at high risk.

Property owners should consider working with a reputable security-consulting firm to identify a building's appropriate security needs. However, once a consulting firm issues a report with action items, those action items must not be overlooked. The simplest, but one of the most crucial, security measures is to prohibit unauthorized people from gaining access to the building. A security guard, in addition to a doorman or front-desk attendant, can help enforce this building regulation. An owner may want to consider running a minimally invasive background check for those tenants who are authorized to enter the building to diminish the property owner's liability risk.

Buildings without the resources for front-door personnel should keep their doors locked and might consider installing electronic key cards to limit building access. Electronic cards are far more difficult to duplicate than metal keys and offer an extra degree of security to the building. A property owner is not required to take protective measures unless there is a likely risk of harm resulting from the criminal activities of third persons on the premises. However, if the danger from a criminal act was foreseeable, the property owner might be held liable (85 N.Y. Jur 2d Premises Liability [section] 44). For example, a property owner may be held liable in a subsequent incident, if evidence of earlier criminal activity does not prompt an adjustment to current security measures or repairs of broken security devices.

Property owners can also protect themselves by ensuring their buildings have clear procedures and policies in the event of an emergency, and that building personnel and tenants are fully aware of them.

Property owners must clearly identify emergency exits and proper evacuation routes in case of an emergency situation such as a fire or a gas leak. It is also advisable for building staff to maintain a record of any tenants who may require assistance, such as small children and people with physical or mental impairments.

By implementing a security and safety program with consistency, owners can go a long way toward demonstrating that they have addressed the situation responsibly and with regard for their tenants.

By Jamie Heiberger-Jacobsen, Founder & President, Heiberger & Associates PC