Liability on Franchise premises: Footing the bill for crime

Hanson, Randall K.

doi:10.1016/s0007-6813(98)90097-0

Cited by 5 publications

(6 citation statements)

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“…Arguably, the standardization of CPTED concepts in planning processes could avoid the repetition of some of the 'unsustainable' design failures of the recent past and contribute towards a form of 'urban environmentalism' for the 21 st century (Cozens, 2002). Furthermore, it has been observed (Kennedy, 1993;Gordon and Brill, 1996;Hanson, 1998 andGrant, 2001) that courts in America are increasingly holding landlords and others "liable for failing to take sufficient security precautions to prevent criminal attack on their invitees, tenants and guests" (Kennedy, 1993, p106). Such cases have resulted in CPTED specialists being called upon to act as expert witnesses, where design is implicated as a causal factor.…”

Section: Impact and Scope Of Cptedmentioning

confidence: 99%

“…Furthermore, it has been observed (Kennedy, 1993; Gordon and Brill, 1996; Hanson, 1998; Grant, 2001) that courts in America are increasingly holding landlords and others “liable for failing to take sufficient security precautions to prevent criminal attack on their invitees, tenants and guests” (Kennedy, 1993, p. 106). Such cases have resulted in CPTED specialists being called upon to act as expert witnesses, where design is implicated as a causal factor.…”

Section: Impact and Scope Of Cptedmentioning

confidence: 99%

See 1 more Smart Citation

Crime prevention through environmental design (CPTED): a review and modern bibliography

Cozens¹,

Saville

Hillier

2005

Property Management

474

376

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This paper reviews the core findings from recently published place-based crime prevention research. It critically evaluates the available evidence on the contribution of Crime Prevention Through Environmental Design (CPTED) as a crime prevention strategy. CPTED is both an increasingly fashionable approach and is being implemented on a global scale (Cisneros, 1995). Additionally, individual components such as territoriality, surveillance, maintenance, access control, activity support and target-hardening are being widely deployed. However, the evidence currently available is inconclusive and much criticised, which effectively prevents widespread intervention and investment in such an approach by central government. The authors detail the difficulties associated with demonstrating the effectiveness of CPTED and conclude that although empirical proof has not been definitively demonstrated, there is a large and growing body of research, which supports the assertion that CPTED is a pragmatic and effective crime prevention tool. This review provides an extensive bibliography of contemporary CPTED and a follow-up paper will discuss the future research priorities for CPTED.

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Section: Impact and Scope Of Cptedmentioning

confidence: 99%

Section: Impact and Scope Of Cptedmentioning

confidence: 99%

Crime prevention through environmental design (CPTED): a review and modern bibliography

Cozens¹,

Saville

Hillier

2005

Property Management

474

376

View full text Add to dashboard Cite

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“…Crucially, however, the police are key players in Crime and Disorder Partnerships across the country and their input will tend to be informed predominantly by SBD principles and how these are currently interpreted and implemented. The increase in premises' liability (Hanson, 1998) and the HRA 1998 certainly strengthen the need for such partnerships. Crucially, the Planning Inspectorate is bound by the conditions of the HRA 1998 (Moss, 2001).…”

Section: Discussionmentioning

confidence: 99%

“…In the light of the government's household projections, a policy objective of developing 60% of new-build housing on brownfield and predominantly urban, inner city locations has emerged within a broader policy framework for safer, sustainable and more liveable housing (DOE, 1994;CDA, 1998;DETR, 1998a;DETR, 1998b, Social Exclusion Unit, 1998, DETR, 1999bDETR, 1999c;DETR 2000). Significantly, there has been an increase in the number of premises' liability court cases in America (Gordon and Brill, 1996;Hanson, 1998) -where failure to provide 'reasonable ' security and appropriately designed built environments has resulted in litigation. Gordon and Brill (1996, p3) observe how the emerging discipline of designing out crime "has done much to establish the reasonableness of certain crime prevention approaches and, thus, the unreasonableness of property owners who fail to take widely accepted steps".…”

Section: Introductionmentioning

confidence: 99%

Critically Reviewing the Theory and Practice of Secured-by-design for Residential New-build Housing in Britain

Cozens

Pascoe

Hillier

2004

Crime Prev Community Saf

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The Government has projected a need for some 4.1 million homes by 2021 (DETR, 1999a) and a stated policy objective of achieving 60% of new-build housing on 'brownfield' sites (DETR, 1999b). The government is clearly commitment to 'designing out crime' (DOE, 1994, CDA, 1998) and this paper explores Secured By Design scheme (SBD), one of the most important community safety initiatives available to planners to assist in achieving these complex aims. The rise in premises' liability cases (Hanson, 1998) and the Human Rights Act, (HRA, 1998) illustrate the increasing importance of tackling such issues. A critical review of both the theory and practice of SBD is presented as it applies to the new-build residential environment in the British city. The implications of reviewing SBD's theoretical basis and its application are discussed.

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“…Kennedy (1993) claims that, increasingly, third parties are being sued for premises liability, especially if criminal acts can be partially attributed to poor or inadequate design features. Landlords, employers and others are therefore being held liable for failing to take reasonable security measures to prevent criminal acts that jeopardize guests and tenants (Kennedy, 1993, Atlas, 1994a, 1994bNational Institute of Justice, 1996;Hanson, 1998). CPTED experts are also being called as professional witnesses in such cases.…”

Section: A Resurgence Of Ideasmentioning

confidence: 99%

Criminogenic Associations and Characteristic British Housing Designs

Cozens¹,

Hillier²,

Prescott³

2002

International Planning Studies

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The perceptions of various crucial stakeholders in urban Britain, relating to the criminogenic capacity of a range of characteristic housing designs, are explored. Crime Prevention Through Environmental Design (CPTED) is an increasingly popular crime reduction strategy, based primarily upon Newman's 'defensible space' theory. However, this theory remains largely untested, and ndings have been contradictory. CPTED responses are often based upon recorded crime statistics and this research challenges the use of such data in isolation. First, such data are empirically awed and persistently misrepresent the reality of crime, and second, the recorded crime statistics are inappropriate for geographical comparisons at the micro scale. This culturally speci c investigation seeks to explore the perceptions of three crucial user groups. The perceptions of town planners, police of cers and convicted burglars are investigated with regard to various characteristic housing designs in Cardiff, Wales, to discover whether a commonality or plurality of perspectives exists. The ways in which different user groups perceive housing design can provide a framework for modifying future designs and may also have implications for housing allocation policies, policing and the layout of cities.

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Liability on Franchise premises: Footing the bill for crime

Cited by 5 publications

References 0 publications

Crime prevention through environmental design (CPTED): a review and modern bibliography

Crime prevention through environmental design (CPTED): a review and modern bibliography

Critically Reviewing the Theory and Practice of Secured-by-design for Residential New-build Housing in Britain

Criminogenic Associations and Characteristic British Housing Designs

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