Relevant Time-Frame for Prior Events in Negligent Security Cases

In negligent security cases, the location’s prior security history is often quite important. It can help demonstrate a pattern and practice for the plaintiff or it can also demonstrate how one particular event was entirely unforeseeable. When the plaintiff asks for these reports, how far back in time may she go?

A-11-634479-C concerned negligent security. The plaintiff requested certain security reports going back five years from the date of the event. The defendant objected and it led to a motion to compel. I happened to be present for another matter when the motion was heard on February 10, 2014. In this context, Discovery Commissioner Beecroft concluded:

COMMISSIONER FINDS there is no policy for how many years to go back; further, RECOMMENDED, production of security reports, incident reports not previously identified or turned over as well as communications between the parties is GRANTED for 3-Years from date of incident.