Liability for non UL listed products / Sign up for Group and Private Meetings in Las Vegas March 19, 2024

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
********
Liability for non UL listed products / Sign up for Group and Private Meetings in Las Vegas
March 19, 2024

Liability for non UL listed products

Ken,
          It has come to my attention that a lot of the camera manufactures have their products labeled for NDAA or TAA but are not UL listed including their servers. The ones that are UL listed are significantly higher cost than the ones not listed. This makes it hard to compete with companies submitting quotes with the cheapest price not caring about the UL label.
          Since I have a Master MD electrician on staff and pull electric permits when needed we are getting asked from the inspectors to provide the UL listings for the items we are installing.
          My question is, what’s the liability for the installing Dealer that installs non-UL listed equipment from the manufactures who don’t see the need for it to be UL?
          Should the customer sign something noting they know the items do not have a UL label?
          The common answer from the manufactures is the power supply is UL labeled so you’re good.
Thanks,
Chris Serbeck, President
Middle River, Md

Response
*
          You have three issues:
  *  code or permit approved plans requiring UL Listed components
  *  contract specs requiring UL Listed equipment
  *  using equipment you know to be inferior or inadequate, departing from custom and practice
          I need to be a bit cautious with this one because I am reminded of the lawyer joke, “I treat every Court Order as a mere suggestion”.
          UL is but one industry NRTL; there are others and I don’t know if they all agree.  A UL Listed product or service means it has the imprimatur of UL; UL’s approval; Sometimes a UL requirement deals with a service you offer that is also UL Listed [like central station services].  A UL Listed product presumably has met certain standards after testing and evaluation.
          While I’m not sure, I suppose other NRTL, such as ETL for example, have their own approved products which may overlap with UL approval.
          Certainly when code or your permit approved by the AHJ requires a UL component you are required to comply, but failure to comply will not, generally, create absolute liability for loss.  More on that below.
          Same with a contract requirement specifying certain equipment, perhaps a representation or warranty by you that certain equipment will be or was installed,, when it wasn’t, and you know or knew it – use adding to the improper conduct.  But this too may not create lability for loss, at least not a tort liability.  If would create a contract liability.
Does using non UL Listed equipment expose you to liability if your customer suffers a loss that is attributed to equipment used?  Failure to have the UL Listing is not in and of itself a basis for liability in tort [negligence].  If the equipment you used works as well, or you believe it works as well and you have reason to reach that conclusion, then there should be no liability if that equipment fails.  But, the analysis probably doeesn't end there.  The burden may quickly shift so that you have to prove you didn’t use inferior equipment which resulted in the failure and loss.  Normally a Plaintiff has to prove you did something wrong.  Using the wrong equipment isn’t enough to prove negligence, but it may be enough to cause a trier of fact [judge or jury] to suspect you did something wrong; a suspicion that requires you address it rather than take your chances that it won’t unduly influence someone to think you actually did something wrong.  The way it plays out is Plaintiff’s lawyer ripping you a new one while on the stand about using a component that isn’t UL Listed [not sure what component would matter] instead of a UL Listed product, even one called for by plans or code or contract, You’ll be on the defense at that point, rather than being able to say, “hey, I used the exact component called for by code, plan or contract, and don’t know why it failed or it's not my fault”.  You will be hammered about not complying with what might simply be called custom and practice, which in this case translates to using a UL Listed and tested component recommended for the application.
          But to sound a bit more lawyerly, failing to use a UL Listed product, even when called for, should not result in absolute liability.  Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.) Failing to use a specific product, UL Listed or not, should not cause you to be faced with a  res ipsa loquitur determination, which would really put the burden on you to explain why you aren't responsible.
*******
Private and Group meeting schedule now available
*
Group Meetings: See schedule below. Reserve your spot by calling  Stacy Spector at 516 987 8428.
Private Meetings:
          Schedule a Private Meeting with Ken Kirschenbaum by calling Stacy Spector at 516 987 8428.
          Register for a Group Meeting by calling Stacy Spector at 516 987 8428
Schedule Private meeting with broker Rory Russell by calling Stacy Spector at 516 987 8428.

Group Meetings: Topics and Schedule
Tuesday April 9. Group Meeting: 3:00 pm to 4:00 pm – Monetize on your monitoring accounts; new incentive program; learn how to get unheard of incentives from your central station or move to another one. Group meeting conducted by Ken Kirschenbaum.

Wednesday April 10.  Group Meeting:  11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.

Wednesday April 10.  Group Meeting:  2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.

Wednesday April 10.  Group Meeting:   3:00 pm to 4:00 pm – Central station – dealer relationship; contract issues; understanding the dealer agreement terms and why you need the K&K Rider. Group meeting conducted by Ken Kirschenbaum.

Thursday April 11.  Group Meeting:  10:00 am to 11:00 am - Insurance for your alarm business – best options; availability, pricing and claims. Group meeting conducted by Shawn Iverson of The Insurance Center.

Thursday April 11. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.

Thursday April 11.  Group Meeting:   from 3:00 pm to 4:00 pm -
The Corporate Transparency Act. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.

Private Meetings with Rory Russell of AFS:
         Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Available times to meet with Rory Russell are as follows: Wednesday April 10 and Thursday April 11 between 7:30 am and 11:00 am and 12:30 pm and 4:00 pm. Contact Stacy Spector to schedule a private meeting with Rory. Call 516 987 8428

ALL TIMES ARE PACIFIC STANDARD TIME.

Contact Stacy Spector, Esq. for all scheduling at Sspector@kirschenbaumesq.com or 516-987-8428.

STANDARD FORMS  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 ww.kirschenbaumesq.com/page/alarm-articles  updated daily
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
*
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 / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com
**********
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