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comment on vehicle liability - cell phone use / comment on record retention June 9, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on vehicle liability - cell phone use / comment on record retention
June 9, 2017
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comment on vehicle liability - cell phone use - from article on June 2, 2017
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Ken, 
    I looked up some more information regarding vehicle liability and found some excellent free materials available from the National Safety Council, NSC.org, regarding company policy of cell phone use while driving.  From what I have learned, every company needs a safety policy/program in place whether they have company owned vehicles or not. To not have a policy in place is willfully negligent to your company, your employees, and the general public.  Getting this policy in place is my immediate priority.  I only hope everyone realizes the seriousness of this issue.
Matt Bishop
Central Alert, Inc
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Response
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    Responsible driving directives can be addressed in the Company Handbook.
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comment on record retention from article on June 2, 2017
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Ken,
    It’s great to get your newsletter. Regarding record retention, that includes information that access control and video system integrators “collect” when replacing hard drives, systems, or other media and devices that contain data. There are stories of customer data showing up after a hard drive was repurposed for another customer.  Operational procedures that direct employees not to remove any data from a customer’s site is one protective measure. However, this may be impossible in many instances including hosted systems.  Do your contracts cover losses by the customer caused by negligence in handling customer data?
    Also, claims for contracts entered into under seal in Massachusetts have a 20 year statute of limitation. M.G.L. c. 260, § 1.
Best,
David Coughlin
East Coast Integrated Systems
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Response
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    The Standard Form Agreements are suffficiently worded to protect the alarm company when employees are negligent and damage ensues.  This should include negligent sharing of confidential information.  The contracts will not protect against willful conduct intended to cause harm.  
    The statute of limitations in Massachusetts for breach of contract is 6 years and negligence it's 3 years.  Alarm contracts are not contracts under seal.
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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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