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 whitelist ken@kirschenbaumesq.com ********************** Comment on GA jewelry customer lawsuit / CS webinars continue this week October 23, 2023 ************************ SEE WEBINAR REGISTRATION BELOW – REGISTER NOW ************************** Comment on GA jewelry customer lawsuit from article on October 13, 2023 ************************** Ken Thanks for all you do. What would have happened if the police had been called and the plaintiff was notified that the police said all was secure. Like this Georgia case, they tore up the system. The plaintiff then decided to not look at his cameras or go down to the store that night. The same results, they emptied the safes. The insurance company paid the plaintiff for what was in one safe but not the other because it was an old safe and they had been told to upgrade it. The defendant uses your Commercial All in One. Would like to be Anon ***************************** Response ***************************** I don’t think the Standard Form Agreement was used in this case. The contract did apparently have a limitation of liability clause. The jewelry store owner looking at his cameras if he had any, or the police coming and not seeing any sign of break-in and reporting no problems, has little if any relevance when analyzing a case like this because most of the time the sequence of a burglary is typically difficult or impossible to know and prove. What difference would cameras make if burglars are in and out within minutes of a break-in; confirming the burglary isn’t going to change the loss. Georgia, like other states, enforce limitation of liability provisions in alarm contracts, but not for willful or grossly negligent conduct. Plaintiff’s rarely plead gross negligence or willful conduct [because it doesn’t exist or the attorneys for the Plaintiff simply don’t know they will have to reach that hurtle] and when they do they usually can’t prove it. While some cases do survive a motion for summary judgment, most don’t, and I am not aware of any case where a judge or jury actually found gross negligence or willful misconduct [and I’m at this a long time – so if you know of a case let’s hear from you]. The court in the Georgia case decided the case correctly, until the very end. Throwing the Plaintiff a life-line by permitting Plaintiff to re-plead alleging gross negligence so as to avoid the consequences of the alarm contract was not just unfair to the alarm company [because of added expense defending a frivolously claim] but a waste of judicial and everyone else’s time. The facts of the incident were well fleshed out and aren’t going to change. Why the court thought that pleading the same facts but calling it gross negligence is going to make a difference escapes me. In my view courts shouldn’t be coaching a party how to correct or fix their case. How would the Commercial All in One have changed this case? Well for one thing the updated Commercial All in One does have a limitation of liability for gross negligence; it’s not the same as for ordinary negligence but it still limits exposure of the alarm company so it shouldn’t have to come out of pocket, let alone go out of business. This change to the Standard Form Agreement was prompted by a federal court decision reviewed on this forum. We haven’t had to test the new provision’s effectiveness yet. You have choices with the contracts you use with your customers. I suppose you have a choice if you are going to use contracts at all, but all ridiculous choices need no mention. When using the best contracts costs no more and probably less than other contracts the choice seems clear to me. ************************ ALL WEBINARS WILL BE RECORDED AND ACCESSIBLE ON K&K WEBSITE https://www.kirschenbaumesq.com/page/alarm-webinars Don't miss out on live Q&A and your chance to be heard *********************** central station webinars ************************ If you haven’t signed up for the webinars you’re making a mistake. The live presentations offer you the opportunity to ask your questions and get answers. You can join on any device including your office computer or your smart phone, so even if in the field or driving you can join and even participate. If you miss the live webinar, no worry. It should be posted on the K&K Website for alarm webinars within a few days of the live presentation; go here to check: https://www.kirschenbaumesq.com/page/alarm-webinars *************************** Central Stations series: Why You Should Be Monitored By Our CS Hear from the leading central stations and “Why you should be monitored by” that central station. The topic of remote operator monitoring from outside the central station facility and the dynamics that issue presents is sure to come up. ************************ TOMORROW'S WEBINAR: October 24, 2023 noon ET, National Monitoring Center Registration Link: https://attendee.gotowebinar.com/register/106284724856601695 WEDNESDAY'S WEBINAR: October 25, 2023 noon ET, Dynamark Monitoring Registration Link: https://attendee.gotowebinar.com/register/5050152997423183449 THURSDAY'S WEBINAR: October 26, 2023 noon ET, COPS Monitoring Registration Link: https://attendee.gotowebinar.com/register/1774793620122519136 NEXT WEEK'S WEBINAR: October 31, 2023 noon ET, Rapid Response Monitoring Center Registration Link: https://register.gotowebinar.com/register/2959829660260960857 ****************************** STANDARD FORM AGREEMENTS: 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 www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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. ************************** 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
