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 ****************************** More on temperature sensor in smoke detector / Employee owned vehicles and employer liability April 18, 2022 *************************** More on temperature sensor in smoke detector from article on April 8, 2022 ************************* Ken, Please advise Jim that on those same jobs we also noticed that the panels were never programmed for AC power loss, trouble signals or even test signals to be sent. These were clearly a quick in and quick out job. The low temp sensor and maintenance signal are options that can be enabled for a better customer service option. If not the low temp sensor then most certainly the maintenance flag for a smoke detector out of calibration. If you're installing the device why not set it up properly for better detection. I'd rather get into trouble explaining why I did something, rather than having to explain why I did not. I may have left out that these jobs were done by large national companies that always seems to be named in lawsuits from time to time. Perhaps "Jim" worked for one of these quick in and quick out companies. Profits First, Customer Service Later Maybe, must have been there motto. Jim maybe you should change part of your company name from certified to certifiable Anonymous Please **************************** Response **************************** Well, all I can add is to remind everyone to install per manufacturer instructions, regulatory guidelines and your contract provisions. That's how you stay out of trouble. **************************** Employee owned vehicles and employer liability **************************** I want to make sure that you know that whether your employee is driving your vehicle or your employee's vehicle "on the job" you are responsible for the driver's negligence driving that vehicle. Your liability is absolute. If the employee is liable then the employer is liable. The first layer of insurance coverage will be the vehicle's insurance. While you may know what you carrier in auto insurance, you may not have checked to see that your employee has on his vehicle. It could be minimum coverage required by your state, and definitely not enough to cover potential claims from accidents. I was somewhat surprised to hear from Bart Didden, Claims Administrator for Security America insurance, that the Security America general liability with E&O also covers employee owned vehicles used for employer on the job. You should check with your insurance broker or carrier to make sure you have, or can get, this coverage. Perhaps some insurance brokers can shed some light on this coverage and where to get it. ***************************** 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
