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 whitelist ken@kirschenbaumesq.com ******************************
Dogs on customer premises January 16, 2025 ************************************* Dogs on customer premises *********************** Ken Our company inspects a lot of fire alarms, and installs a lot of residential security. On many occasions, the renter or home owner has a dog out. A lot of times, the dog is friendly and mostly just like to see what we are doing. However, some are not and more aggressive. Especially, when we set off the fire alarm, they freak out sometimes making the matter worse. We tell the residence to put the dog in the bathroom for the time of the inspection, but many don’t. We have started refusing to inspect that apartment unless the dog is locked up or the renter is there for my tech’s protection. We have been bitten more than once and enough is enough. My question to you is, “if” a dog bites one of my techs after we have been clear about the inspection time, who’s liable for any harm to my tech? If he has to go get medical care? I have insurance for my techs, but when a renter or home owner won’t take care of their animal, what recourse do I have? Thanks Kelly W ************************ Response ************************ You have every reason to be concerned about dogs on customer premises. The best answer to whether “does your dog bite” is “Not yet”. Workmen coming into the home, setting off alarms, invading the dog’s territory; an incident waiting to happen. Your workmen may be dog friendly or suffer from fear of dogs. Allergies to dogs and particularly cats can be another problem. When your worker suffers a dog bite injury [or allergy attack] the employees remedy is simple: Workers Compensation for the injury and the worker will also have a cause of action against the property owner too. You however don’t have much remedy because you can’t sue the property owner because you lost your employee temporarily or permanently. That is not a provision we have in the K&K Standard Form Agreements. Let me know if you want it added. So what happens when your workman goes to the home [or commercial premises] and the owner won’t isolate the dog [or other pet capable of inflicting injury]? The worker will leave without performing the job, and properly so. That will put you in direct conflict with the subscriber who may have stayed home anticipating the repair and in any event is annoyed the system isn’t working. Even without a specific provision in the contract I think this scenario, if established, will support a breach of the contract by the subscriber because it’s the subscriber who has to make the premises available for you to have access and provide a safe place to work. You could declare a breach and pursue the subscriber for collection. *********************** STANDARD FORMS 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
