From the earliest times, thieves and robbers often subjected travelers to
attacks. Outside of walled cities and castles travelers could usually find
shelter and protection only in wayside inns. From this practice grew the principle
that innkeepers were responsible for providing their guests not only food
and lodging, but also security and protection against criminal attack.
While the duty of innkeepers to protect their guests is somewhat different
today than it once was, lodgings, including gaming casinos often with attached
or integrated hotels, still owe a responsibility to their guests and other
invitees. And guests continue to be at risk today! Criminals often look at
lodgings as attractive targets filled with unsuspecting potential victims,
most of whom will leave town soon after being robbed or victimized.
While some cities, counties and states may require specific security measures
at lodging properties (or casinos), in those jurisdictions not having such
requirements, the legal responsibility owed to their guests by lodging
management requires the operator to "exercise reasonable care" in
identifying potential crime risks, and to take reasonable measures to prevent
those crimes, or to warn guests against them. In general, the greater the
likelihood of future crime or injury, the greater the innkeeper's responsibility
to defend or warn against it.
Foreseeability
Determining what crime is "reasonably foreseeable" requires a thorough
review of the facts in each particular case. Some states use the "prior
similar crimes" test, which analyzes previous crimes on the property.
How similar the crimes must be and how recent their prior occurrence are matters
usually determined by the judge in each case.
Other states use the "totality of the circumstances" standard,
which examines other factors in addition to any prior similar crimes on the
property. Such factors can include:
Nature and operation of the facility: For example, gaming
casinos by their nature invite guests to bring large amounts of cash. Security
for a roadside inn has some different considerations than a resort facility
that attracts more affluent vacationers, typically to a larger, more spread-out
property.
Location of the lodging facility: Some cities have higher
crime rates than others, and within most all cities some areas have higher
crime rates than the average for that city. Being located in or near one of
those "high crime" cities or areas may increase the crime risk to
a specific lodging property.
Actual past crimes on the property: These are frequently
one of the best means of predicting future crimes, since what has occurred
already is likely to recur if changes in security or other conditions haven't
been made.
Security problems created by the facility's design or layout,
for example, "blind spots," where criminals may loiter or hide, and
broken lines of sight that reduce visibility by staff and guests. Both problems
may increase specific crime risks.
Alcoholic beverage service on the property: Alcohol not
only tends to reduce inhibitions, but it also reduces alertness and wariness — a
situation many criminals like to exploit.
Crimes at similar nearby properties. While properties generally
compete against each other for business, they should be cooperating in the
common fight against crime. The type of crime that occurs on one property usually
occurs or impacts all similar nearby properties.
Many other factors may also be applicable to assessing crime foreseeability,
and many are specific to a given property and its unique operation or to its
surrounding area. A professional security consultant can help identify
them.
Reasonable Care Security
Almost any lodging facility, depending on its location and the nature of
its operation, should utilize some or all of the following security measures:
Screening and background checks of employees: This is
a basic step for all lodging security. Many lodging employees have some
access to guestrooms, guests and their belongings, or to confidential information
about the guests or about facility security. If the staff is untrustworthy,
most other security measures will fail.
Adequate doors and locking hardware — the most
basic of precautions. If the guest room door, its frame and its hardware
are insufficient to resist moderate force — guests are at risk. Doors
should be solid-core wood or metal. Likewise, providing appropriate locking
devices is crucial. The standard, especially in larger lodgings, is evolving
toward the use of electronic locks that can (and should) be changed immediately
when a guest departs or when a key is reported lost. Where traditional metal
keys are used, an effective key control and monitoring program is essential.
All guestroom entry doors should be equipped with a minimum of two locks,
one of them a dead bolt, and should be self-closing and self-locking. Entry
doors should be equipped with a wide-angle peephole viewer in the door.
A window adjacent to the door that permits viewing of visitors before opening
the door will also serve the same purpose. Sliding balcony-type doors should
be equipped with secondary locking devices, such as a "charley bar" and
a through-the-door pin to prevent lifting the door from its track.
Appropriate levels of lighting for all areas of risk,
including parking lots and garages. Many criminals prefer to commit their
crimes in darkness, thus avoiding detection, possible identification,
and incarceration. See
related article: Parking
Lot and Garage Security.
Appropriate lines of sight. Shrubs, which often provide
concealment or interfere with lines of sight, should be not higher than
18 inches above ground. Tree branches should be trimmed so that they hang
not lower than eight feet above the ground. Doing so enhances employees'
ability to see, and guests are more able to perceive potential dangers at
a distance.
Appropriate security equipment, such as cameras and alarms.
Depending on their size, layout, staffing and crime risk, properties may
utilize security equipment to supplement manpower. Management should not
only select and install appropriate equipment for the tasks, but it must
also maintain it and promptly repair it if it fails.
Appropriate staffing for security duties. In small properties,
a night clerk monitoring the lobby and front desk may be all that is necessary,
although some locations may require bullet-resistant materials for the clerk's
protection, depending on the risk of armed robbery. In larger or more spread-out
properties, or those with certain crime histories, or which have specific
risks such as bar or casino operations , patrols by in-house or contract
security officers may be required to monitor activities. By their observable,
uniformed presence, such officers also act to deter criminal offenders.
Appropriate training for staff. Security is the responsibility
of all staff members; however, they can't perform that duty unless they
are trained and made individually responsible for it. This is especially
true of those who have specific daily security duties, such as managers
and supervisors, front-desk clerks, bellhops and security personnel. But
maids, maintenance personnel, servers and others should have clear reporting
or other security duties spelled out in their job descriptions. It is important
that such duties be spelled out not only in the individual's job description,
but, most importantly, also in their performance evaluation. That which
is monitored and graded tends to get done!
Appropriate record-keeping. Maintaining records reflecting
adherence to security procedures is critical for management to detect deviations
from procedures, make corrections, and defend against future claims of negligent
security. As one federal agency is fond of saying about training, "If
it wasn't documented, it didn't occur." Security incidents should always
be documented so that management can review the issues and take appropriate
corrective actions.
Periodic risk assessments by management. To know its risks and effectively
plan to manage them, management of any facility should periodically assess
not only its own crime experience, but also that of similar nearby lodgings
(or casinos, or resorts), and any actual or potential changes impacting
its operation. For example, is the property attracting more female business
travelers or airline flight crews, either of which may be attractive targets
for thieves or sexual predators? Or, is the property planning to host a
jewelry trade show, or is it hosting increasing numbers of foreign visitors
who may be unfamiliar with the local area, its customs, language, and its
crime? All these factors and more can change the crime risk for a lodging
facility.
Gaming Casinos
Casinos often appear to have dozens or even hundreds of cameras protecting
their guests; however, in many cases the majority of those cameras are utilized
(by law) only to ensure the integrity of the games, not for general security
purposes. As a result some customers may be lulled into a false sense of security.
To be effective and reasonable, a casino property must provide security for
both the games and its business invitees (customers).
Because of the actual or perceived availability of "easy money," casinos
pose special security risks. Additionally, the availability and consumption
of large amounts of alcoholic beverages, which in many cases are "free," increase
those risks. Not only do alcoholic beverages tend to reduce inhibitions
in some people, but they also tend to lessen their alertness and their
awareness of potential crime or assault. Being in strange surroundings away
from their familiar environment, such customers are more likely to become
crime victims.
Casino management should devote adequate attention to securing all areas
of the casino and its services. For example, garages and parking lots are
favorite stalking areas for robbers, rapists and carjackers. See related
article: Parking
Lots and Garage Security. Dimly lit walkways to remote housing units,
and isolated unmonitored hallways are also favored stalking and assault
locations.
Because of the heightened risks and the many venues in which they will have
to operate, casino property security officers and guard forces should be screened
and trained to a much higher level than most security personnel. They should
be certified on any weapons they are authorized by management to carry or
use; should be trained in non-lethal force; trained in customer relations;
and trained in techniques for verbally defusing situations before they become
violent. Casinos, by their very nature, tend to attract criminals. Because
of their increased crime risk, guard staffing should be higher in casinos
than in stand-alone hotels or nightclubs. Prepared management, coupled with
sufficient visible and adequately trained security personnel, can help prevent
casinos from becoming a "crime hot spot."
This article cannot hope to cover all aspects of retail lodging and casino
security. It was written to provide the reader with a starting point in assessing
crime risks to his or her lodging property. It also provides an overview of
those basic security measures needed to counter such risks and reduce potential
liabilities.
Readers desiring additional information on these or related subjects
should contact a qualified professional security consultant and/or their
attorney.
Disclaimer:
Based on what the author believes are generally accepted
security principles as of the date of its writing, and on data gathered
from what are believed to be reliable sources, this article is written
for general information purposes only and is not intended to be, and
should not be used as, a primary source for making security decisions.
Each situation is or can be unique. The author is not an attorney, is
not engaged in the practice of law, and is not rendering legal advice.
Readers requiring advice about specific security problems or concerns
should consult directly with a security professional. The author of this
article shall have no liability to any person or entity with respect
to any loss, liability, or damage alleged to have been caused by the
use or application of any information in this article, nor information
contained on this or any linked or related web site.