KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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are you liable for your subcontractor's negligence / text messages count as communication March 21, 2017
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Next webinar March 28, 2017 - see schedule below
TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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are you liable for your subcontractor's negligence
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Ken,
         Thank you for your news letter.  In the February 27, 2017 news letter you wrote:
    " Interestingly enough, you are not liable for your sub's negligence as matter of law.  You can be liable for negligently selecting that sub, but not for that sub's negligence."
    Since the sub does not have a contract with the building owner or whomever the work is being done for, is the sub responsible?
Thank you,
Jeff
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Response
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    Generally a contractor is not liable in tort for the negligence of the contractor's subcontractor.  That does not however get the contractor off the hook, nor does it get the subcontractor off the hook.

    Hope that clears things up.
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text messages count as communication
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Ken
    I read your daily emails and we have learned much from your wisdom.  I have many customers that communicate via text messages now vs. email and phone calls.  Does a text message count as communication if a customer wants to make changes or cancel their account?   Many of our customers are friends and believe that this form of communication is normal in our society.  I always ask for email confirmation for the changes or cancellations.  Thoughts?
Derek D
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Response
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    I am reminded of one of my clients who wanted to know if he could have his Last Will and Testament tattooed on his private part.  I assured him that he could, but that I doubted it would stand up in court.
    A text message from the subscriber's cell phone is acceptable communication only if you can preserve it somehow.  I'm not technical enough to figure out how to convert the text message to something that can be preserved, like an email or hard paper copy.  
    If the message needs to be in writing, and there is any possible reason you will need to rely on that writing, you need to be able to preserve the writing.  Keep in mind that the whole purpose of a writing is to use it as evidence in a trial should the matter come to that.  
    It occurs to me that cell phones are used and are going to be used more and more in the alarm industry.  DIY systems that report signals to the subscriber's phone will have an option for the subscriber to select "dispatch" so that the signal will then transmit to the central station or already be there waiting for subscriber confirmation to dispatch.  There is going to have to be some method to confirm the subscriber's decision to dispatch or ignore.  I don't know if the cell phone will retain history of that action and for how long.  Good question
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
When: March 28,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about honeypots/trappings of dealer program contracts and how difficult they are to get out of. 
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register herehttps://attendee.gotowebinar.com/register/7359323076355955715
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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TitleAll You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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THE ALARM EXCHANGE

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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
516 747 6700
www.KirschenbaumEsq.com
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