comment on test signals failing to communicate January 27, 2026

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on test signals failing to communicate
January 27, 2026

comment on test signals failing to communicate from article on January 12, 2026

Ken,
   Thank you for being a strong voice in the industry, and providing this discussion platform.
   Missing from this discussion about fail-to-communicate signals and AHJ responsibilities is the true life safety aspect of a communication loss. This loss can hurt someone. And if THAT idea doesn’t motivate the heartless among us, you could also get sued.
   In fact, an Expert Witness case I was hired for in Houston comes to mind. (Sanders v. Lynntodd Jan 3, 2011) It was discovered that the alarm tech performed a service call to a residence and physically disconnected the phone line and the bell circuit. This disconnection was done so as not to disturb the aged occupant and the monitoring company while he worked on the smoke detector’s 2-wire loop. A squirrel had used the wire for a chew toy in the attic.
   The three-story wooden structure burned to the ground almost 6 months later, most likely from an electrical wiring error by others.
   Most disturbing about this case is the loss of the resident and her caretaker. And this loss is brought to bear by listening to the 911 recordings of the resident in her last conversation. The homeowner and her caretaker called for help as they attempted to get her into her wheelchair and make it out of the first floor bedroom and escape. The call is eerily poignant when the ladies stop talking, are overcome by coughing, and then the recording only contains the crackling of the fire and a slight beeping of the master bedroom keypad as the flames engulf the house.
   One of the central pieces of evidence used against the alarm company (and their contracted alarm monitoring company) was the failure-to-communicate (FTC) report. Let’s just say that it didn’t go well for either of those companies. The evidence was plain that both companies ignored the FTC signals generated by the monitoring station’s FACR, and these people subsequently died then the system failed to summon the fire department.
   Ken, you can speak to what happens when a life safety systems provider’s actions go beyond mere negligence. In this case, the failure of the tech to re-establish communication was an apparent mistake, but then the FTC reports started piling up every day after the first 30 days (required communication frequency for residential fire monitoring) and the monitoring company ignored 147 chances to save these two innocent women’s lives. (After day 30, the report generated every day because “no signal was received in previous 30 days”)
   Gross negligence is the claim that was made in this case, which I understand can take the case beyond the limitations of liability. This case was no exception, as the plaintiff received a substantial settlement before trial.
Lloyd Young, President
SECURAC, Incorporated
855-SECURAC
www.securac.com
Private Investigator License C-10783
Alarm Planning Superintendent License APS-2034079
Fire License ACR-2313

Response

   The protective provisions in the Kirschenbaum Contracts TM, including the limitation of liability, should be enforced in all jurisdictions except in most jurisdictions [surprisingly not all] for gross negligence. If gross negligence crosses the line to willful misconduct then likely no contract is going to insulate you from liability, civil and perhaps criminal.
   The difficult issue is what constitutes gross negligence. While I haven't done a nationwide search in some time, I am not aware of a single case in any jurisdiction where an alarm [fire or security, and any kind of security such as cameras and access control] company has been found liable for gross negligence. Sure there are loads of cases where alarm companies are accused of gross negligence, and plenty that have survived a motion to dismiss the case, but no actual decision with the gross negligence finding. What we do have are court decisions telling us what is not gross negligence and why the protective provisions will be enforced and the Complaints dismissed. There are also plenty of cases where the protective provisions have been held to be unenforceable because of the way the provisions were worded. Judges don't like enforcing the protective provisions and will look for ways to avoid enforcement. If the protective provisions won't be enforced then the alarm company will be liable for breach of the contract or negligence, or both, and there are plenty of cases like that.
   One explanation why there are no cases where gross negligence has been found after trial, or as a matter of law, is that, like Lloyd's case above, they get settled when the risk of liability is imminent. Typically we don't hear about the settlements.
   The best advice I can give you is that you conduct your business using the best practices, staying on top of your services. Life safety services are just that, and failure to perform as you promise to do, or as you're expected to do, can lead to severe consequences. However, mistakes are made. Insulate yourself with sufficient E&O coverage and the most up to date comprehensive contracts you can get: Kirschenbaum Contracts TM
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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
www.KirschenbaumEsq.com