Question:

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Ken,

    It has been brought up that when we install remote video systems and the customer has the ability to see their covered site, they may do something dangerous , like go to their site and confront a criminal act without notifying police.     What concerns me is whether there is a liability on our part to convey to the client that we are not suggesting any action other than call then police on their part.

    Awaiting your response.

Regards,

Leslie Lief

Sonitec Corp.

Mt. Vernon, New York

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Answer:

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    You should be using the Remote Video Monitoring Contract for the service you describe.

    The answer to your question is NO.  You don't need to warn subscribers against unforeseen conduct on their part.  Obviously confronting a dangerous situation at their home is going to be their decision.  That's not to say you won't get sued, but I think you will prevail. 

    How can that answer change?  Well if your salesman encouraged the confrontation you may have some exposure, but that's not a likely scenario. 

    I am defending a case where an alarm went off and the subscriber decided the best course of events would be to jump out a 4th floor window - to escape what turned out to be a false alarm.  She's suing.  I'll let you know how that turns out.

potential liability.