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LIABILITY QUESTION FOR FALSE ALARM AND SETTING OFF A PANIC REACTION 


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Ken
    This should be relatively straightforward.
    We're adding a feature to our mobile app that will allow any user to send an emergency alert to all of the app's other users within the general vicinity. Think fire, major car accident, hostage situation, etc. So in addition to the appropriate agency (police, fire or EMS), the alerts would be transmitted to all members in the surrounding community.
    Given this, the possibility of a prank or someone abusing the system is very real.  My question: Would my company have exposure in the event of injury (or worse) of a false alarm? I.E. someone slips and falls while running down a stairwell during a fire evac that turns out to be a false alarm.
    Our terms of use and the like will contain all of the necessary language, but I'm still concerned about possible exposure.
    Thanks for your assistance.
B
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RESPONSE
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    Well thanks for the straight forward question.  I think that implies that my answer should be easy, or perhaps only the question was easy.  If I understand how you propose your system work, one app user can cause an alert to be sent to all other app users in the vicinity.  I take this to mean that alerts will not be restricted to a user's call list or family members, but to everyone who has the same service in the area.  So if the alert is activated in a movie theater or crowded mall, an unknown number of unrelated people would get the signal.  In fact if your service is wildly successful everyone in the vicinity will get the alert.
    The alert causes first responders to respond, and causes a panic in the vinicity.  First responder gets hurt responding, or some member of the public gets hurt in the panic that ensues.      You seem to think your exposure is rather little or nothing because you're going to require your app users to agree to the "necessary language".  If you're not getting that language from me then I think you should be concerned.  Even if you do, be concerned.  Someone swept up in the crowd may not be an app user and hasn't agreed to your app terms.  Your system caused the panic.  
    I know it looks like I am heading towards great liability exposure, but I'm not so sure.  I'm thinking about a company that installs a mall wide PA system.  Are they concerned that some unauthorized person is going to get access to that PA system and scream fire or something else that causes panic?   
    Obviously terms and conditions in your app can only apply to those who have agreed.  I really don't know what and how much exposure you might have for introducing this service to the public.  Hopefully for your sake everyone will use the system responsibly.
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