January 18, 2011
*****************************
**********
Question
**********
Hi Ken,
I've got a customer who is asking me to install a custom voice siren driver, so that he can record a message to be played to an intruder when the alarm goes off. I'd prefer that he go with another model, which has a pre-recorded message and does not allow him to custom record a message. I'm concerned about liability for what he might say on the message. Do either of us (myself of my client) have any legal concerns going with a custom recorded message in this application? If he were to say something degrading, racial, sexist, whatever, might we be held liable for any type of damages from an intruder who felt offended? (Ridiculous, I know, but in this world, can you be too careful?)
Thanks!
T.J. Ogilvie, Director of Operations
Vantage Voltage, LLC
********
Answer:
********
Whenever your subscriber requests that you do something you are uncomfortable with, contravenes code, manufacturer's recommendations, NFPA or UL or other nationally recognized testing lab standards such as ETL, you should make that notation on the Sales Contract and the Disclaimer Notice.
If you are selling and installing the alarm system then the warning message should be installed with factory setting. You can then provide the information for changing that recording, but since that is not typically something that you do, you should indicate that the subscriber requested the information to make the change and customize the warning and does so at subscriber's sole risk and liability. You can add that you don't recommend any changes to factory setting if you like. You may also want to add that you will be charging to reset the system to factory setting once the subscriber screws up the message or system.
If you are leasing the system you don't have to permit any change to the recording. It's your system. If however the subscriber wants a change and you are going to let the subscriber make the change then the disclaimer in the Sales Contract and Disclaimer Notice should be followed.
Your example of misuse of the recorded message, racial, degrading, etc., is less likely to increase exposure to liability than some other misleading message. One example would be an announcement of Fire, when in fact it's a burglar alarm activation. I can't think of other examples, because it's probably the people lawfully on the premises who could be injured and claim damages, rather than those illegally on the premises. The latter may have no standing to claim damages no matter what was recorded.