Question:
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Dear Ken,
One of my customers is a large condominium development in which we installed a camera system in a number of years ago. Specifically we installed two (2) cameras at the main entrance to this development. Approximately a year ago the cabling to these cameras were damaged. I was at board meeting the other night, at which time I presented ideas and alternatives to re-engaging these cameras. At least one of those members commented that a substantial amount of the community is unaware of the non-operational condition of these cameras and that the mere presence of these cameras serve as a deterrent. Is there any liability issue if these cameras remain inoperable, however visibly present. Also is there any obligation of notification to homeowners regarding the status of these cameras?
Gary S. Davis
Alarm Specialists, Inc.
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Answer:
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See prior email article at
http://www.kirschenbaumesq.com/earticle80.htm
No doubt that cameras, even dummy cameras, may have a deterrent effect. That doesn't resolve the liability issue for permitting operating cameras to become inoperable. I think it will depend on expectation of those who rightfully rely on the equipment for protection. I don't have sufficient information to reach a conclusion on liability in the above scenario. Cameras that are not manned, those viewed after the fact, are obviously not the same type of protection as manned cameras that are under surveillance at all times, especially if the operators viewing the cameras are under instruction to act upon a situation that they believe requires intervention to protect a member of the community. Since I don't know how the working cameras were used, I don't know what whether permitting those cameras to be non working will change the owner's liability exposure.
Certainly someone who suffers a significant enough loss, who also had a reasonable expectation of having working cameras either prevent [or guard against] the loss or help recover the loss or minimize the damages, will seek damages against those responsible for the non working cameras. Thus, yes, there may be increased exposure to liability for non working cameras. Notifying homeowners of the camera conditions is likely to minimize liability exposure because it reduces if not eliminates expectation of security.