From a causation perspective, even if crime was foreseeable, and even if security was inadequate, a landowner may be able to escape liability if the crime was not "preventable." Thus, in order to determine if the crime was preventable, with adequate security, it may be necessary to examine the type of criminal activity, and whether or not the landowner had any warning that such activity could occur.
A landowner does not have to know of the specific type of crime that could occur, just that, based upon the circumstances, he was placed upon notice that something untoward was likely to occur.
For example, most security experts and criminologists will agree that criminals are rational human beings, and most offenders will place themselves in a circumstance in which the risks are minimal, even if it results in minimal rewards. Certainly, when it comes to most crimes, there is a certain degree of logical decision-making. This type of criminal activity is generally known as that arising from "predatory criminals," in that they exhibit characteristics of predatory animals, which are most likely to pounce upon the weakest prey, even though the culinary rewards (a small meal, rather than a big one) are minimal. These criminals are the simplest to deter with adequate security.
Urban Terrorists
Nevertheless, there are, unfortunately in our society, what may be referred to as "urban terrorists," who, regardless of the security measures, will be destined to carry out their attack. The category of these irrational, unpredictable maniacs creates extremely difficult types of criminal behavior to deter, unless, of course, the landowner is provided with something in the way of actual (known) or constructive (should have known) information that will require preventative action on the part of the landowner who faces liability. The bottom line, however, is that the overwhelming majority of criminal attacks on property are likely preventable, if only reasonable security measures are employed.
To learn more about the preventability of crime for a landowner, please contact Corless Associates, Florida law experts, at 877-517-5595.
