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 ****************************** Protect yourself when installing deficient system in residence June 12, 2026 *************************** Protect yourself when installing deficient system in residence *************************** Ken, We have a customer that wants a bare bones alarm system. She only wants combo smoke detectors in the 2nd floor bedroom hallway and basement near the furnace room. Is there any liability in doing this and not putting them in the bedrooms? There is also a master bedroom on the first floor that will not have anything. Your thoughts would be appreciated. Thanks Ronald ***************************** Response ****************************** Probably the best advice is to pass on the job; not worth the potential exposure. If you decide to do the job then use Residential All in One and be sure to put the deficiencies in the Schedule of Equipment and Services and also insist they sign the Disclaimer Notice, where you advise against the limited installation and detail your recommendations. Without all that, pass on the job It's the customer who has the responsibility to comply with all laws affecting the premises, building codes in particular in this case. Assuming the worst you could be dragged in to explain why your systems was so deficient. While you might be able to avoid liability by establishing you installed what the customer insisted on and paid for, that might not be enough under all circumstances. Horrendous loss and damage can make for bad law, in other words, a finding stretching the law that you share in the responsibility of the loss. I am thinking of an analogy to make my point. You need brakes for your vehicle but can only afford one break, not two or four, so the mechanic fixes one break. The vehicle is involved in an accident traced to the brakes. For sure you as owner have liability. But how about the mechanic? He may not owe any duty to the general public, but an argument could be made that he should have foreseen that his conduct would end up causing injury to someone. That argument may not survive legal challenge, but it's inviting enough so that if the damages are enough some lawyer will give it a shot. Get a bad judge and jury, the mechanic will be sorry he took the job for the one break. *************************** 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
