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 white list ken@kirschenbaumesq.com ******************************* New K&K Concierge Program perk / comment on cameras / disclosure to customers of police response October 9, 2019 *************************** Notice: New K&K Concierge Program perk. Concierge clients will be credited half hour each month for subscriber contract review. This credit does not carry over to next month; it’s $250 value each month. Use it or lose it. This perk adds up to $3000 value to the Concierge Program. To learn more and sign up for the Concierge Program click here: http://www.kirschenbaumesq.com/page/concierge ***************************** More comment on cameras ***************************** Ken, Years back a client of mine was hired to install security cameras in the “public areas” of both the men’s and women’s restrooms at a highway truck stop. The intent was to deter drug trafficking, which had been going on openly. At first, the alarm dealer was reluctant to take the job. He correctly assessed that the legal exposure did not justify the minimal profit for doing the installation. The truck stop owner, in a desperate attempt to convince the dealer otherwise, asked the local sheriff to get involved. The sheriff in turn convinced the dealer that installing cameras would not constitute a crime. With this assurance, the dealer installed the equipment. Good news. Soon thereafter the drug dealers were caught on camera and arrests were made. Bad news. The drug dealers sued the truck stop owner, and the alarm company for invasion of privacy. The lessons here are simple. First, always consult with experts when it comes to obtaining professional advice. Second, whenever evaluating the risk vs reward of any job, use the NET profit as your guide and not just the contract amount. Finally, even if you’re right, lawsuits are expensive, time consuming, and can tie up your company for years. Rick Gombar, Executive Vice President Bolton & Company Insurance rgombar@boltonco.com ******************************* Response ******************************* Sage advice ******************************* Comment on disclosure to customers of police response from article on September 24, 2019 ******************************* Ken Regarding your comment that it’s not ” the alarm company is not responsible for First Responder response or lack of response...”, with that said, will you also share thoughts about the responsibility to disclose to RMR customers the expectations of alarm-site-response. Is additional language or rider required to exempt the responsible parties from a liability when you are aware, but the customer is unaware, of local legislation or police policy that has already lowered or removed the priority for police response to their remote-monitored private property alarm system. Said differently, in this new era of “private security”, should customer disclosures and fees be different in cities with different response expectations, such as VR-Verified Response; B&F-Broadcast & File; High priority on-demand; Low or no priority like auto alarms? Lots of reasons to always use K&K Agreements. Lee Jones Support Services Group ************************** Response ************************** I don’t think alarm companies should provide misinformation, buts I also don’t think they need to embellish or interpret police or fire department response policies. The alarm company agrees to install systems which may deter crime or alert fire or other emergency conditions. These systems have inherent positive aspects beyond monitoring and dispatch. First Responders’ response polices can change or be ignored. One of government’s most important responsibilities is police and fire response. It’s not unreasonable to expect first responder response. If a jurisdiction has decided to limit or terminate this essential pubic service then those residing in the jurisdiction should be aware of those polices. What an alarm company can’t do is lie about those policies or create unrealistic expectations. The Standard Form Agreements clearly provide that the alarm company does not guarantee First Responder response time or any response at all. ************************* To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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
