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Nightclubs – Security Guards – Retail Loss Prevention

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Negligent Security

As a Security Management and Crime Prevention Expert, we provide Expert Witness services for both plaintiff and defense relating to claims of negligent security, standard of care for hiring, training and supervision, and security management.

  • Bouncers and Doormen:  Assaults by security personnel, inadequate security claims.

  • Read our newly published Nightclub Security Guide. Are you seeking training for your bouncers and security staff?

  • In-house guard staff:  Inadequate training and/or supervision, use of force, and similar areas.

  • Contract security guards/Courtesy Officers:  Inadequate staffing and/or training, use of force, negligence claims.

  • Retail Loss Prevention: False arrest, malicious prosecution, false imprisonment, use of force, customer injury by fleeing shoplifter.

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Negligent Security torts generally assigns/alleges fault to a security provider such as a contract security guard service, an apartment doorman or, in the bar and lounge sector, bouncers. In general terms law suits are brought when there is personal injury committed by an employee or contractor or when a company sustained a loss of assets and it is alleged that the security provider failed to properly perform their duties. The most frequent law suit, however, is brought against security personnel using excessive force. Within the cause of action the negligence factors will generally follow a path of negligent hiring, negligent training and negligent supervision.

We have been involved in numerous cases of negligent security and, as happens with any failure, there is not just one single issue that initiated the civil action but rather the totality of the events leading up to the event made basis for the cause of action.

Negligent Hiring

There is no national standard for the content of a background check.  Background checks can be as simple as calling references or as complex as finding old elementary school teachers for comment. The formal application process can be as complex as one’s life story for the past 20 years or a sheet of notebook paper for an applicant’s home address and phone number.

Is a criminal background check required?  No.

An employer can decide if one is appropriate or the depth required.  Some may require disclosure of all criminal convictions (felony and misdemeanor as an adult) however some may request disclosure of only felony convictions for a definite period of time.

Again, there are no standards regarding what comprises a “background check”.  Regardless, have a written policy that has been thoroughly reviewed by your legal counsel (if available) and consistently follow that policy.  Remember that background checks conducted for employment purposes are governed by the Fair Credit Reporting Act (FCRA).  Ensure that your policies conform to those regulations.

Negligent Training and Negligent Supervision

These two generally go hand in hand in allegations in these torts. What may surprise customers of contract security companies is that, depending on the state, the mandated minimum of hours of training may be as low as zero!  States usually require the teaching of standardized training material, a final test and handgun qualification if necessary.  Regardless of the amount, method or manner of training, it should be well documented. Without the acknowledgement of training AND documentation of an adequate level of understanding (usually by a test) it would be difficult to convince the court that proper training had taken place.  Training documentation is critical in defending law suits regardless of the type of security performed.

Since not all needed knowledge comes from a formal classroom setting, the use of on-the-job (OJT) training will always be a part of the overall training. Generally, the direct supervisor is responsible for this type of training but, nonetheless, documentation of this training needs to be made as it happens.  Checklists are helpful to ensure everyone received specific information to acknowledge formal training has been completed.

Excessive Use of Force

The use of force to arrest, apprehend, or restrain an individual requires one thing, and one thing only:  that the force used was reasonable. This means that the force used was only the amount necessary to overcome the resistance.  If there is no resistance then there is no force.  If using force in defense, the same standard applies.  The more important aspect in the use of force is the training to deescalate confrontations.  Without training, confrontations can quickly erupt into physical altercations that result in injury to the employee, the offender, and possibly customers. Training also prevents unwarranted escalation of force. Torts in this area are often costly when appropriate training could have prevented the basis for the suit.

Bouncers and bar personnel are often called into confrontations with individuals who are intoxicated, angry, and somewhat out of control. Protecting the other patrons and themselves may be difficult at times but the safety of the person being confronted is equally important. Unfortunately these confrontations are high risk and there is usually little or no training provided or required to enable proper handling. Club owners and managers should have a process in place, such as reporting, to keep them informed of assaultive confrontations with customers. Specific “rules of engagement” should be defined as to how situations are to be handled and included in training/orientation. Use of excessive force should not be tolerated nor should foot chases be allowed. Video cameras can be installed at the entrance/exit also provide a clear record of events. The cameras also provide employers the ability to review incidents to further training or cause disciplinary action to be taken.  Cameras could also prove problematic as they record the details.  What a camera cannot portray is the amount of force being exerted by the person engaged with security.

Absence of Security

Negligence claims are also the result of allegations that the security personnel on site were either not at the assigned position or the number of personnel was insufficient. Owners and managers should know where the “hot spots” are within the club and assign personnel accordingly. Emergency exit doors should have an exit alarm (and visual strobe) to notify of an unauthorized exit. Due to the noise and other lighting, manning those doors may be more appropriate.

Restrooms are a hot spot for violence and other criminal activity if not adequately monitored. Restrooms should be well highly visible, well lighted and should be frequently checked by all staff. Patrons who have confrontations at the bar can be followed into a restroom and become a victim of an assault out of the view of employees. This is possible in either the men’s or women’s restrooms. Criminal activity such as drug use/sales are also of high risk just due to the limited visibility within the room itself.  Considerations for the use of cameras should be limited to the restroom entrance area only.

Security guards or other personnel who make rounds and who are required to check on critical areas usually have only a written report to document their activities.  There are many companies that provide software and readers that can document when a guard was at that specific spot.  These types of computer-based record keeping creates absolute accountability.  However, the true accountability lies with those who are managing the function to provide proper oversight.

Retail Loss Prevention Expert Witness

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We provide services as a Security Expert Witness for both Plaintiff and Defense for cases involving serious injuries and death from shoplifting apprehensions by retail Loss Prevention and Asset Protection Departments. We have over 35 years direct and consulting experience in both field and corporate retail loss prevention management. We offer tremendous insight into policy and procedures, training and supervision, hiring practices.

We have been retained in cases involving big box retailers, prominent mall anchors, convenience store/gas stations, and free standing major retailers. Prior cases include Walmart, Target, Sears, JC Penney, Macy’s, Best Buy, convenience store chains and others.  We have extensive experience with Walmart’s Asset Protection cases involving shoplifters, customer injury from fleeing shoplifters,  and internal theft investigations.

We can also assist with cases involving Mall Security personnel and premises liability cases.

Our Retail Loss Prevention and Retail Security cases have involved:

  • Death or serious injury of employees or customers as a result of a robbery.
  • Death of store personnel or customers during shoplifting apprehensions.
  • Excessive force claims.
  • Serious injury to customers resulting from the pursuit of fleeing shoplifters.
  • Inadequate security on parking lots.
  • Inadequate hiring, training and supervision.
  • Malicious prosecution of employee theft.

Our Additional Qualifications in Retail Loss Prevention and Retails Litigation include:

  • Director of Loss Prevention Operations for a 3000 store retail chain of $16B sales.
  • Development of training programs for the apprehension of shoplifters including use of force.
  • Direct experience in the apprehension of nearly 1000 shoplifters.
  • Direct experience in the investigation of over 700 employee thefts and fraud.
  • Trained in methodologies of interview and interrogation employed in internal theft cases.
  • Benchmarking performance of Loss Prevention staff via goals and objectives.
  • Development of Human Resource policies regarding termination of associates for serious violations of company policy or theft.
  • Direct experience with the use of polygraph as an investigative tool.
  • Direct experience with Inventory Accounting, Distribution, Controlled Drug inventory security and EAS (Electronic Article Surveillance.

Shoplifting apprehensions are high risk  See our on-going summary of shoplifter related deaths.

See the CBS interview on Mall Security.

Shoplifter Apprehension and Deterrence

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Shoplifter Apprehension and Deterrence from a retail loss prevention expert’s point of view.  Our security expert witness and consulting company offers Loss Prevention consulting and training for retailers that need assistance in deterring and apprehending shoplifters.

Shoplifters account for over 40%* of all losses to retailers and that’s WITH all of the security hardware, EAS Tagging, display cases,  Loss Prevention staff and CCTV!  How does a retailer make these losses decline without having to put everything behind a glass wall?  This is an age old problem for the small one-store company to the big box billion dollar corporations.  Regardless of your volume, the loss percentage still hits home. How can you properly protect your assets and reduce exposure to litigation involving a shoplifter?  Employee theft and shoplifting statistics, by Jack Hayes in retail will give you insight into the depth of the problem.

Creating An Anti-Theft Strategy
We have over 35 years of experience in retail loss prevention management, security assessments, and law enforcement.  We can assist your company to better protect your assets regardless if you are a single store or a multi unit company.

  • Review of current policies and procedures
  • Review of store layout and merchandise arrangement plan.
  • Review all physical security measures.
  • Review of “hot spots” for theft
  • Review current employee training and awareness.
  • Review of apprehension policies and training.

After a comprehensive review we develop a custom plan of action to assist reducing shrinkage through external theft.  The “custom” aspect is very important because we understand that the approach must be “Best for Business” and not necessarily based on “Best Practice”.  Simply stated, we understand budgetary and personnel differences.  Our recommendations will comprehensive but we will help identify the core needs.  Any program, hardware installation or training can be expanded over time as appropriate.  We are experts in the areas of:

  • Identifying the appropriate physical hardware that is available.  This includes
    CCTV System, Security Tagging Systems (EAS) and much more.
  • Creating an awareness program that is interactive and informative.
  • Developing a self-audit program to maintain an optimum level of strength.
  • Creating a culture to maximize the involvement of all employees.
  • Apprehending Shoplifters

If your company currently has a shoplifter apprehension policy and procedure we highly recommend that it be thoroughly reviewed.  When prevention fails and apprehension is appropriate specific procedures and training must be in place.  Apprehension is a facet of retail that has many serious consequences if it is accomplished improperly.

  • Do you have a documented apprehension and prosecution policy?
  • Do you know what to do if the individual does not want to return to the store?
  • Do you know what to do if the individual runs?
  • Do you have a policy regarding the use of handcuffs or chemical sprays during apprehensions?

Law suits that originate from a shoplifter’s injury or death are not uncommon.  Additionally customers and even innocent bystanders who are injured by fleeing shoplifters can sue your company.  Civil cases are more apt to be in favor of the plaintiff when apprehension policies are not in place or they are not followed.  The use of force is nearly always a factor.  Criminal charges have also been brought against individual loss prevention staff when serious injury or death has occurred in effecting an apprehension.

Litigation Services

We can not only assist a retailer establish proper policy and procedure, but we can also assist as a testifying expert witness in civil cases. Our experience includes cases involving Wal Mart, JC Penney, Sears, Macy’s, Home Depot, Fry’s Electronics,  Burlington Coat Factory, and others.

Shoplifting has become a multi-billion dollar business through organized crime.  Organized Retail Theft is at a level that most consumers have no understanding.  To see the top 50 shoplifted items click here. Special measures can be designed to thwart the wholesale theft of merchandise but it takes planning and implementation to be successful.  We can assist you in convenience stores, big box retail, retail pharmacy, specialty stores and boutiques.

Deaths From Shoplifting Apprehensions

From our own research:  Shoplifting related deaths are rare but they do occur even among the most highly trained.  Anyone attempting to stop a shoplifter must understand the full ramifications of their actions and the dangers they face.

LPToday Security Consulting has the Expertise to Help You Combat Shoplifting: Deter. Detect. Defend.

Pharmacy Security Assessments and Prescription Drug Theft

America is addicted more to pharmaceuticals than street drugs and 12% – 16% of all health care professionals are estimated to be addicted at some point during their career.

I can assist with loss prevention and operational areas such as:

  • Controlled drug theft and diversion investigations including medical marijuana.
  • Pharmacy physical security.
  • Pharmacy Warehouse and Distribution assessments.
  • Robbery prevention planning.
  • Pharmacy shrink.
  • Prescription drug fraud and manipulation of computerized dispensing systems
  • Legend drug theft and diversion.

Whether you are a small retail pharmacy, a hospital, nursing home, or even a medical first responder, we can assist in strengthening accountability thus reducing exposure to the DEA and State Board of Pharmacy audits. Let us also help with any investigative needs or pharmacy audits of operational stability. We also clearly understand the dilemma of an impaired employee and therefore understand the need for discretion in handling these issues. Also read our articles on Prosecuting Employee Theft and the Employee Theft Guide.

Drug Diversion:  Insight Into Solutions

Drug impairment and, more seriously, drug diversion is highly prevalent in the healthcare industry. Both contain a high degree of exposure to licenses, continuation of business, criminal records and unwanted notoriety. While both follow the same behavior, the final resolution process is vastly different.

Drug theft, whether for personal use or for sale on the street, is a serious threat to any healthcare provider. The continuing rise of illicit prescription drug use by high school and college aged students is alarming. Regardless of the intent of the end user, this topic involves such a wide spectrum of personnel and business types that prevention, investigation, and resolution takes a great deal of skill. This skill requires knowledge of business practices, shrinkage, State and Federal regulatory law, criminal law, rehabilitation consideration and employment law. It is a complicated matter.

Let’s separate impairment from diversion. Impairment, or addiction, involves the theft of mostly narcotics for personal use.  Theft of steroids and non controlled drugs such as Soma would also fall into this category. Diversion is the theft of any pharmaceutical to be sold or traded for personal gain. Resale is not limited to common “street crime” but also can involve Medicare fraud, theft for other providers, organized crime and a host of others. Theft of high dollar HIV/AIDS medications, steroids, birth control pills, and analgesics are quite common place. Regardless of the basis or type of theft, the implications are far reaching.

Detection

Detection of small amounts theft over long periods of time is difficult but not impossible. Detection of large, organized theft is should be more easily identified but in many cases the person controlling the inventory is committing the theft. This supervising individual whether a nurse, pharmacist, mail order manager, doctor or dentist has the opportunity and the means to both order and cover losses. It is a sophisticated crime.
How can theft be detected? No matter how crafty the suspect, the one element that cannot be controlled by those engaged in theft is the financial performance of their operation. This is not the case with a self operated business but those types of thefts are primarily discovered through audits by law enforcement. Detection is a by product of security. Let’s look at detection.

In its simplest form, detection of the loss of pharmaceuticals is a basic inventory control function. The three variables are replenishment, documented usage, replenishment. Regardless of the type of business there is a certain amount of anything that is in inventory: books, parts, computers, supplies, drugs. During some period of time some of that starting inventory, either in dollars or physical units, is used. That usage is generally tracked by tick marks on a note pad to a highly sophisticated mechanized program that has automatic order points. Regardless, depletion of inventory is fairly predictable over time and can therefore be forecast as well. Here is a common sense, simplistic example of monitoring inventory: You order what you use. There is no reason to order anything more than at the rate you use it and by using percentages of increase, the variances become highly recognizable. Use percentages because in drug inventories, units may not raise a flag.

Let’s use Drug X (not its generic equivalents) as an example. Over the past several months seven bottles of X are ordered each month and random audits show five bottles dispensed each month during the same time frame.  Further examination reveals approximately 2 bottles on the shelf. History tells you that 5 dispensed bottles is very predictable. Ordering begins to gradually increase from 7 to 9 to 12 bottles per month. An increase of 5 bottles per month would be lost within a large inventory system.  An increase in ordering of Drug X of 60% would raise a flag. If dispensing/sales/transfers, etc increased 60%, it would explain the increase in orders. However, with maintaining a recorded distribution of only the same 5 units would mean, in theory that the remaining units should be accounted for. Generally there is no explanation and the investigation begins.

Replenishment and dispensing/sales are on parallel lines that obviously move together. Movement of replenishment without movement of dispensed should initiate review. This evaluation can also be done in reverse where a previous discrepancy suddenly stopped. Who or what caused the activity to stop? Theft activity of individual units, such as pills, will have the same effect but over a longer period of time because the stolen drugs still have to be replaced in some way.

Prevention and Awareness

Theft of most anything revolves around the same general factors: Need, Opportunity, Justification. Drugs add a fourth dynamic, addiction. Prevention then becomes more difficult because the illness of addiction allows a person to take risks that others would not take. In that case, prevention and detection must work hand in hand. Physical security measures will only deter the opportunist, not the person with the keys!  Prevention programs should be driven to the 80-90% of personnel who would never participate in drug theft. Successful prevention and awareness programs are not an “event” to be held annually only to die two months later. Prevention is also a byproduct of detection. High probability of detection is a good deterrent.  The fact that audit and review programs exist should be a part of any theft prevention program. This requires an intensive review of all operational procedures and practices to ensure that all appropriate measures are in place and that compliance is consistent.  To reiterate however, prevention and awareness campaigns will do little to curb theft by those impaired or those who are making significant income from sales. Detection then becomes primary.
A primary facet to any prevention program begins with the hiring process. Full criminal background checks should be mandatory for any level of employee who has access to drugs. Preemployment and random drug testing is still highly controversial in many circles of health care. This should be considered with a high degree of care but has long term benefits that should not be overlooked.

Warehouse Security Assessments

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We conduct security assessments for warehouses and distribution centers and their supply chains.   Warehouses present a very unique set of hurdles whether there is just one or a disparate number of large complexes.  Here, size does not matter, only the approach to the environment matters.  Cargo theft can strike anywhere.

We ensure you have the “best for business” approach to satisfy your needs.  We will provide actionable, cost effective recommendations and can follow the process through from the creation of an RFP to monitoring installation of equipment.

Watch our Drone-assisted video capabilities:  Daytime   Nighttime

Aspects of your security program that should be regularly reviewed:

  •     How are you preventing or deterring employee theft?
  •     Lighting:  Do you have the recommended lumens?  Keep in mind there is no universal standard for lighting.
  •     Does your alarm have a cellular back up?
  •     Perimeter physical security:  What considerations are there for fencing and outer doors/windows?
  •     Access control and policies:  Who manages your access control?  How often is it reviewed for accuracy?
  •     Employee Parking:  How close do they park to docks and dumpster?
  •     Review of security related equipment.  This would include access control, perimeter fencing, protection of sensitive areas such as the offices of Senior Management and IT, alarm functionality, etc.
  •     Review of periodic auditing efforts:  Do you have a self audit program?
  •     Review of physical layout of internal warehouse to include distribution of CCTV, protection of sensitive cargo, and cross docking methods.
  •     Protection of cargo in transit:  Are you using RFID, GPS, special seals?
  •     Employee Theft Policies.  Also read Prosecuting Employee Theft and the Employee Theft Guide