Question:

Ken,     

Its a common practice for a central station to block a communicator that is running away. Normally the subscriber and the installer are notified of the problem prior to the blocking.  But what is the liability should the central station block a communicator that is running away on a burglary signal, and then location suffers an actual fire.

Mark S. Fischer 

New York Merchants Protective Co., Inc.
___________________________

Answer:

Central stations have a legitimate basis to stop run a waycommunicators from burdening the central station with signals.Blocking can be automatic with pre set standards.  It is essentialthat the monitoring contract with the subscriber permits the blocking. My monitoring contract specify that the central can ignore and takeaction to prevent what it considers to be run a way or excessivesignals.     It is also not uncommon for operators to take it upon themselves toignore multiple signals if they believe the signals are false alarms. This practice presents problems when there is an actual incident,whether it be burglary, fire or other condition that the alarm systemis designed to detect.  There are  many reported cases [several areon my web site under Reported Cases] where central stations are suedfor failing to report signals.  Sometimes the alarm company willreport only the first signal and then ignore others, or ignore allsignals.  Again the terms of the monitoring contract are important.The central station operators need to have some discretion inreporting.  Failing to screen out false alarms has consequencesbeyond this article, but I am sure everyone is familar with theimportance of the false alarm issue throughout the country.      The monitoring contract should have the protective provisions thatprotect the alarm company and its employees from negligence, whichincludes failure to report a signal.  Failure to report multiplesignals however have supported claims for gross negligence and thecontract terms do not protect against gross negligence in all oreven most states.      It is usually safer to report the signal.  If your computers areprogramed to shut down a run a way communicator then the programshould generate notice to the subscriber and dealer immediatelyadvising them of that action.  Once on notice a subscriber wouldhave to take alternate measures to protect its property.