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KIRSCHENBAUM & KIRSCHENBAUM, P.C. ATTORNEYS AT LAW
200 Garden City Plaza
Garden City, New York 11530
516-747-6700

Q&A - blocking communicators

Question:


Ken,

      Its a common practice for a central station to block a
 communicator that is running away. Normally the subscriber and the
 installer are notified of the problem prior to the blocking.  But what
 is the liability should the central station block a communicator that is
 running away on a burglary signal, and then location suffers an actual
 fire.

 Mark S. Fischer
 New York Merchants Protective Co., Inc.

___________________________


Answer:

    Central stations have a legitimate basis to stop run a way
communicators from burdening the central station with signals.
Blocking can be automatic with pre set standards. It is essential
that the monitoring contract with the subscriber permits the blocking.
My monitoring contract specify that the central can ignore and take
action to prevent what it considers to be run a way or excessive
signals.
     It is also not uncommon for operators to take it upon themselves to
ignore multiple signals if they believe the signals are false alarms.
This practice presents problems when there is an actual incident,
whether it be burglary, fire or other condition that the alarm system
is designed to detect. There are many reported cases [several are
on my web site under Reported Cases] where central stations are sued
for failing to report signals. Sometimes the alarm company will
report only the first signal and then ignore others, or ignore all
signals. Again the terms of the monitoring contract are important.
The central station operators need to have some discretion in
reporting. Failing to screen out false alarms has consequences
beyond this article, but I am sure everyone is familar with the
importance of the false alarm issue throughout the country.
      The monitoring contract should have the protective provisions that
protect the alarm company and its employees from negligence, which
includes failure to report a signal. Failure to report multiple
signals however have supported claims for gross negligence and the
contract terms do not protect against gross negligence in all or
even most states.
      It is usually safer to report the signal. If your computers are
programed to shut down a run a way communicator then the program
should generate notice to the subscriber and dealer immediately
advising them of that action. Once on notice a subscriber would
have to take alternate measures to protect its property.