Leveraging Risk Data to Strengthen Legal Cases & Protect Businesses
THE SITUATION
Businesses today face increasing challenges in managing security risks and preventing liability in the event of crime-related incidents. In complex legal cases, such as wrongful deaths or premises liability disputes, security professionals need reliable, data-driven insights to assess the level of risk and determine whether adequate security measures were in place. William J. Birks, Jr., with over four decades of experience in the security field, uses CAP Index crime risk reports as a key component in evaluating crime risks and providing expert testimony to help his clients navigate these high-stakes situations.
William J. Birks Jr. & Associates, Birks’s consulting company, was founded in 2011 and offers a full suite of security consulting services, including security risk assessments and expert witness testimony.
Expert testimony | Forensic analysis | Tailored security strategies
THE TRANSFORMATION
William J. Birks Jr. & Associates specializes in providing comprehensive security consulting and expert witness services in the area of security premises liability. One of the key components is the use of CAP Index crime risk reports to assess potential risks and to guide security strategies for his clients.
Leveraging CAP Index Reports
With over 45 years in the security industry, Birks has cultivated a data-driven approach to managing security risks and has used CAP Index crime risk reports at different stages throughout his career. In his current role, the CAP Index reports are helpful in substantiating his opinion and for times when he is called upon to provide expert witness deposition and/or trial testimony. “When I take on a case, I use the CAP Index reports to get a clear picture of the potential for crime and the potential risk at the subject location,” he explains. “If for example, I’m dealing with a wrongful death matter occurring at a drinking establishment, I’ll utilize a regressive CAP Index study from the year the incident occurred to ensure that I’m looking at the true picture of the potential crime for that particular timeframe.”
“When I take on a case, I use the CAP Index reports to get a clear picture of the potential for crime and the potential risk at the subject location.” – William J. Birks, Jr., Founder, William J. Birks, Jr. & Associates
He meticulously analyzes the crime data from the year the incident occurred, cross-referencing it with police calls for service and the subsequent reports from those calls, in order to assess the bar’s history of crime. “If the report shows a high number of calls related to fights or other disturbances, it becomes clear that the bar’s management should have been aware of the potential dangers and taken appropriate security measures in an attempt to manage those risks,” Birks explains. This type of detailed analysis is crucial to demonstrate the bar’s negligence or their compliance in providing a safe environment for their patrons, thereby either supporting or refuting the argument for the plaintiff(s).
STRATEGIC APPLICATION OF CAP INDEX DATA IN CORPORATE SECURITY ROLES
In his previous senior security roles at companies like McKesson and transportation services company Penske, Birks used CAP Index reports to optimize security measures and allocate security budgets effectively. “We had the schedule of protection that rated locations based on their level of risk. So, for instance, if a location or potential location had a CAP Index score that was on or about the national average of 100, I’d only implement basic physical security measures. However, riskier locations might require fences, razor wire, mantraps, enhanced alarm systems, etc.,” he said. This strategic use of CAP Index data allowed him to tailor security approaches based on the specific risks associated with each location and thus optimize the security budget.
ADVICE FOR SECURITY PROFESSIONALS
Birks advises other security professionals to use CAP Index reports as part of a broader analysis, especially when performing forensic expert work. As an example of broader analysis, Birks shared a story about two wrongful death cases that he had been retained on. One case was a shooting at an apartment complex in which Birks was hired by the attorney that was representing the apartment complex. The other was a case in which a man was run over by a car during an altercation at a restaurant/bar. In that case, Birks was hired by the attorney that represented one of the individual defendants, not the restaurant/bar. Although in one matter the CAP Index score was low and in the other high, it was determined through broader analysis that the results of the CAP Index studies had no bearing on the matter as in both instances the amount of security on-site would not have mattered as both victims were targeted attacks. In both instances the individuals knew each other and had previously documented issues with each other.
About William J. Birks Jr. & Associates
William J. Birks Jr. & Associates offers a full suite of security consulting services, including security risk assessments and expert witness testimony. With decades of experience in the security industry, Birks brings a wealth of knowledge to his clients. His career began in the early 1980s as an undercover operative for a guard agency. Over time, he advanced through various roles in the security departments of major companies like Manhattan Industries, Thorn Americas, McKesson, and Penske, where he served as the senior director of corporate security and safety.
Whether advising on security measures or providing expert testimony in legal cases, its deep expertise and commitment to using the best tools available make William J. Birks Jr. & Associates a trusted partner in security management.
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