Owners responding to recent 'carjackings'.Shopping center shopping center, a concentration of retail, service, and entertainment enterprises designed to serve the surrounding region. The modern shopping center differs from its antecedents—bazaars and marketplaces—in that the shops are usually amalgamated into and office building owners, particularly in the suburbs, are confronting the newest crime wave of "carjacking The criminal taking of a motor vehicle from its driver by force, violence, or intimidation.
The u.s. justice department categorizes the crime of carjacking as a "completed or attempted Robbery of a motor vehicle by a stranger " by increasing security and lighting in parking lots.
Experts warn that distressed properties are particularly at risk because the lack of funds is causing a breakdown in security and preventative measures.
Steven Spinola, president of the Real Estate Board of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , said while the numbers of carjackings are still small in number, they are frightening, he admitted, because traditionally people feel safe inside their cars.
But, Spinola cautioned, while it is not happening throughout the five boroughs every day it is an "occasional" problem and is happening all over the country.
"We need to deal with it and find these criminals and punish them long and hard," he said.
Ronald B. Bruder, president of the Brookhill Group Inc., agreed the problem is a national one and more than just carjacking. "[Property] owners need more of a social responsibility," he observed, and said they must do more than just sweep the parking lot and maintain it.
Lighting in parking lots then, Bruder said, becomes a vital security device as well as a way of avoiding accidents.
As the workout manager for a major New York lender, Bruder recently upgraded the lighting for a Freehold, New Jersey Freehold, New Jersey is made up of two municipalities.
"It was necessary to keep the tenants happy, the shoppers happy and to get insurance," he said. "The motivation is insurance."
The insurance companies are saying |somebody is going to get sued,' Bruder explained, so while some of the lighting upgrades are altruistic, some are mandatory because of increasing crime and the litigious litigious adj. referring to a person who constantly brings or prolongs legal actions, particularly when the legal maneuvers are unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the spotlight, use the courts to punish society.
If you use the commercially obtainable security service, that's about the level of responsibility you can be held to," advised Robert M. Calica, a partner in Reisman Peirez Reisman & Calica of Garden City, which represents many commercial landlords.
Many times, explained Mark J. Lerner, president of Epic Security Corp., the shopping centers are reacting to discounts they get for having guards or need them just to get the insurance in the first place.
"People will file lawsuits for getting mugged in the parking lot," Lerner noted, "and the attorney says, "to provide a good defense, you have to make some effort to provide security."
Ofttimes, Lerner said, local police officials tell the shopping center owners they can't keep coming for every minor incident,and advise them to hire private security.
Calica said he has seen several lawsuits arise out of losses sustained on a property. "A claim for punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. would not be covered by insurance," he warned.
While he said problems usually do not normally occur with a well-run property, Calica does see this happening where there is a distressed property.
For instance, he said, there might be a failure to prevent loitering Loitering (IPA pronunciation: ['lɔɪtəˌrɪŋ] is an intransitive verb meaning to stand idly, to stop numerous times, or to delay and procrastinate. because of a cutback cut·back
1. A decrease; a curtailment: "The political effects of food cutbacks could be devastating" New York Times.
2. in security guards or inadequate lighting because bulbs were not replaced or lights are turned off at night. In one instance, he recalled, a car travelling at high speed through an unlit TSS See ITU. parking lot crashed into a light stanchion stanchion
a specially designed headgate to hold an animal in place while allowing feeding and resting. Most commonly used for cattle.
stanchion housing . The lights were off at the time to save money.
Jaime Weiss, president of Newmark of New Jersey, said most major landlords hire a security guard and have someone roaming around in a patrol car.
"If you have to put in a couple more lighting stations to provide a level of comfort for shoppers to come back, you'll do it," he added.
Weiss observed Public Service Energy & Gas of New Jersey has a program whereby they provide outdoor lighting and poles while the owner pays, of course, for the power.
Billie Scott, director of public relations public relations, activities and policies used to create public interest in a person, idea, product, institution, or business establishment. By its nature, public relations is devoted to serving particular interests by presenting them to the public in the most for Melvin Simon Associates, one of the nation's largest mall owner, said to date, they have experienced nothing like a carjacking at any of their properties.
"We are very much aware of what is happening in the local communities, she explained, because, she added, any crimes going on in the cities could happen at a nearby shopping center.
"We haven't been faced with these situations because of the high standards we place upon ourselves, and quite frankly," she added, "most developers do."
Among the local Melvin Simon-owned centers are Jefferson Valley Mall The Jefferson Valley Mall is a shopping mall located in Jefferson Valley-Yorktown, New York that opend in 1983. It is anchored by H&M, Macy*s, and Sears. The most shopped-at stores in the Jefferson Mall are Hollister, American Eagle and Aeropostale. in Yorktown Heights, A&S Plaza, and Newport Center Newport Center is a business, shopping, and entertainment district located on a high bluff overlooking Newport Harbor in Newport Beach, California. It was created in the early 1960s as part of William Pereira's master plan for the Irvine Ranch. in Jersey City. Scott said virtually all of the parking there is in a garage with security guards and a manned exit.
The more guards at a shopping center, Lerner explained, the better the security. "people have budgets, however, and security guards are expensive items, so owners strike a balance between a budget and their security needs," he added.
Bruder also believes shoppers are drawn to where it is lighter. "The shopping centers are going to have to do things to keep their customers," Spinola agreed, "and if that means putting in more patrols or lighting then they will have to do that."
While Spinola believes it is wrong for the insurance companies to dictate what owners have to do, he feels the public will demand these things "These Things" is an EP by She Wants Revenge, released in 2005 by Perfect Kiss, a subsidiary of Geffen Records. Music Video
The music video stars Shirley Manson, lead singer of the band Garbage. Track Listing
1. "These Things [Radio Edit]" - 3:17
2. to provide a sense of safety.
"Landlords are sued constantly," Calica observed. "It's a serious liability issue and is clearly decided in favor of the injured person. Analytically," he noted, "a carjacking is no different than a shooting in a lobby."
While shopping center owners do not directly confront this situation because it is an insurance company who is defending the suit, Calica explained there is a punitive damage exposure that is not insurable. "Mark my words there will be a punitive damage suit," he said.
Punitive damages can be awarded if there is a finding that there was gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or , he warned.