KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Comments on ADT water damage case April 1, 2022 ************************** Comments on ADT water damage case from article on March 28, 2022 ************************** Ken, Regarding the article on March 28, 2022: Lawsuit against ADT for low temp water damage survives motion to dismiss Perhaps those Federal Judges should recuse themselves in this case, because ADT has a long standing contract with the FEDERAL Government to put monitored security systems (favorably priced security systems/cameras/panic buttons, etc. in each FEDERAL JUDGE's personal homes (vacation homes, too), across the United States. Perhaps the plaintiffs are unaware of these circumstances. Perhaps that explains why ADT wants/moved case to Federal court. Cynthia Hart - former ADT employee Retired Security Consultant ********************** Response ********************** Interesting observation. If a judge is a customer of an alarm company the judge would need to disclose the relationship, offer to recuse himself and perhaps insist that he recuse himself. ADT, if it does provide alarm service to the federal judges, may consider the federal government its customer, not the judges. But in this industry we know who the real end user is, even if that’s not the party who contracted for the service or pays for the service. They have the code, can call for service, can put system on test, expect the system to benefit them – they are sufficiently connected to be considered a customer. Of course we aren’t sure ADT had system in this judge’s home or that the relationship wasn’t disclosed to the parties. ********************** Another comment ************************ Ken, In bringing this suit against ADT for water damages wouldn’t the homeowner, or their insurance carrier, have to present their copy of the contract to prove in fact that there was a contract and any provisions they relied on? Jack F ********************* Response ********************** I have repeatedly warned against doing any alarm services without a proper alarm contract. The reason for the warning is that an alarm company can be held responsible for negligently performed alarm services even without a written contract. Of course when the “contract” is a handshake it’s awfully difficult to pin down the actual terms and conditions of the undertaking. In fact, it wouldn’t go too well if all the parties had to rely on was the alarm company’s website to define the alarm company’s duties. That website promising 24/7 protection looks a lot different than the alarm company’s contract terms, especially if the alarm company uses Kirschenbaum Contracts™. So a customer can sue for breach of contract, even if verbal, or can sue for negligence if the alarm company engaged in performance that is alleged to be negligent. Luckily for the alarm industry, at least those alarm companies who don’t bother to retain contracts, or can’t find them when needed, often those suing alarm companies will allege that there is a written contract and they can be called upon to produce it or admit it looked just like the alarm company’s standard form [assuming the alarm company has a Standard Form Agreement]. ************************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
