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How central station botched this burglary - gross negligence?
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Ken:
Last night one of my operators followed these procedures for ECV - enhanced call verification.
operator A
1) called business no answer
2) called business owner's home phone, answering machine picked up, message left that alarm went off
operator B
1) answered incoming phone, business owner asking if he was called, operator said yes, asked for and got passcode and operator stated alarm would be canceled.
operator A
1) Did not dispatch police
2) business owner called again and asked what zones, was told it was only a motion detector and no perimeter and owner stated it is probably okay.
Next day burglary discovered and business owner calls alarm installer and tell him they never asked to cancel the alarm.
No this is not our normal procedure for prompted to cancel an alarm. No lawsuit has been filed yet, just curious would this fall under gross negligence.
Lewis
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Answer
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Doesn't sound like gross negligence, which is generally defined as wonton and willful conduct evincing a disregard for welfare of another to whom a duty is owed. But gross negligence can be defined differently in your state, including a departure from ordinary negligence. One of the facts you didn't provide is what exactly is your "normal procedure" to cancel? Here the sub called and told you not to dispatch. Is it your policy not to ask - just dispatch?
I have another issue that may be timely. How do central stations communicate with subscribers? How should they? And, in view of evolving technology is the ECV telephone call becoming a less efficient or reliable way to communicate.
For example, rather than call would it be better to text? email? Certainly text and email would leave a confirmed trail. Phone calls are recorded but subscribers, and their insurance companies and lawyers, don't often get to hear the recording until well after they have committed to suing for a loss. A text or email would be available before thoughts of suing are considered. Might be hard for a sub to start a lawsuit when the message on the cell phone says "don't dispatch".
While the industry may not be ready to abandon the telephone I think its time for automated messages. Why can't my central station automatically text my cell phone every time the alarm is activated? And if it has that technology then why isn't it doing it - not just to impress me, but to add a layer of protection against claims.
After I wrote the above I mentioned to one of my central station clients the article - he said they already do provide the email notification. It's done electronically, costs nothing to provide and he gets $60 a year. Ask your central station about it. Another RMR opportunity.
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Question on Disclaimer Notice
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Ken
There seems to be some confusion in my office as to the disclaimer and the deficiency section. Can you explain it in a way that someone who doesnt really understand contracts could understand? Here is my understanding of it: We take over a system and the Disclaimer Notice states that we have gone over all the options listed on the Disclaimer Notice with our customer. The customer has read and understands their options and has or has not agreed on getting them or not. Pretty much just covering ourselves that they are aware these options are available and them signing means they know and agree they were informed so if something happens they cant say they didnt know the option was available.
And the deficiencies section is for if we find problems with the current system that we believe should be fixed. We list what we think needs to be done to the system and the customer can then agree to have those repairs or sign off saying they do
not want it fixed and we are not liable for the deficiencies they did not want taken care of.
Now for a new customer, they really wouldnt have anything in the deficiencies section because its a new system, but they should still sign it because there is no disclaimer in the All-in-One contract.
Is my understanding correct?
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Answer
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Partly. The purpose of the Disclaimer Notice is to put the subscriber on notice that there are other security measures, services and equipment available that is not included in the contract and not being provided by you. It's important because subscribers often claim that they were not made aware of other security which they later claim would have prevented the loss that their alarm failed to avert.
Yes there are adequate disclaimers in the All in One contracts and in all the other Standard Form Contracts. But these disclaimers do not necessarily stand out from the other provisions of the contract. Because subscribers often claim that they didn't read or understand the contract I think it important that there be a separate document providing the disclaimer information.
There are two parts to the Disclaimer Notice. First part is for all of the services and equipment the subscriber is not getting. These don't need to be security you even offer - it could be security measures that the subscriber could get from someone else. Of course most of the equipment and services can be provided by you and using the Disclaimer Notice is an excellent opportunity to sell those additional services and equipment.
The second part of the Disclaimer Notice is the deficiency section. This is where I want you to describe the equipment or services that should be included in the contract but the subscriber has opted not to pay for or get. It is for protection that would be called for by AHJ, building code, UL, NFPA 72, custom, etc. For example - "sub does not want back door alarmed"; "sub wants only one smoke detector in kitchen only"; "all upstair windows not alarmed", "no monitoring service" or "never dispatch". Don't miss out on today's opportunity to get the Disclaimer Notice for FREE. Order the contracts you need today and get the Disclaimer Notice as a gift today. Order here: www.alarmcontracts.com