Comment on liability for not insisting on proper system March 14, 2019

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on liability for not insisting on proper system
March 14, 2019
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Notice: I'll be at ISC West in April.  Call our Concierge Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304 to arrange a private meeting and consultation. Meetings and consults will be No Charge during the ISC show.
I will also be scheduling meet and greet times at a few central station booths in the exhibition hall.  That schedule will be posted here soon.

Comment on liability for not insisting on proper system from article on March 5, 2019

Ken
            The alarm company that installed a two door 1 motion system in a jewelry store was looking at the RMR, commission on sale and not really looking at the customer’s liability, vulnerability or exposure.
            Granted a properly worded contract would limit the liability by requiring the owner to acknowledge that alarm company is not an insurance company and that no subrogation is allowed however the loss to reputation when the owner starts to tell all his friends about XYZ Company and how he had a loss BECAUSE OF THEM.... is immeasurable.
            If the customer wants less than the professional feels they should have they can tell me what they do not want and accept responsibility for loss.
            I avoid the conflict by wishing them well in their quest and walk away.
            I my experience with Jewelry stores the insurance carrier will usually dictate the protection to be provided and as such a substandard system is usually avoided.
            That is not to say that even a properly specified system cannot be defeated. (The Bowery 1995, 80 vendors cleaned out when an alarm system was compromised, Windsor CT 2015 Radio internet and phone service interruption to a jewelry store alarm compromised, store cleaned out) The Windsor case was an error on the monitoring station not handling  trouble signals as they should have resulting in the loss.
            Bottom line is Quality Contracts, Quality work and ethical conduct averts the severe decree.
From out in the cold
Joel FBN
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Response
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            The practical issue here is that the subscriber will claim that the alarm company did not properly spec out the job and make a recommendation for adequate protection.  You don’t have this risk with fire because the AHJ is going to dictate the scope of protection and make inspection and final approval.  Not so with other systems.  The Disclaimer Notice is designed to remind subscribers that there’s always more protection available.  The All in One agreements do cover the issue as well, but a separate document should avoid any claim of fraudulent inducement or misunderstanding.
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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