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risks when dealer tells cs how to respond / address on Fire All in One
February 16, 2019
risks when dealer tells cs how to respond
    The comment that a dealer instructs his central station to escalate a supervisory signal to an alarm to create an emergency response brings up another point. What would could be the outcome if such an action resulted in the first responder getting into an accident in response to a supervisory signal? (someone opening the cover of a device to change a battery for example). Since the escalation is not an industry standard practice, could a law suite against the alarm company and central station be made? If so, would it be likely to succeed, leaving the alarm company and CS in a worse position than if they followed industry standards?
Mark Fischer
    The general rule is that a First Responder assumes the risk of the job and cannot sue if injured responding. The rule is not ironclad and First Responders have sued property owners for damage caused by dangerous conditions in violation of building codes [putting foot through rotten wood step], and there have been lawsuits against alarm companies when a First Responder is injured responding to a false alarm. As I recall, the latter cases have had less success [none as I recall]. But it's a pretty good argument, especially if the alarm company never should have dispatched the alarm. 
     Monitoring centers have established procedures to respond to alarms. Dealers, and certainly not subscribers, should not be telling monitoring centers how to respond to signals. Operators are trained in specific ways and there is less risk of mistake when procedures are standardized and followed. Be careful of monitoring centers who tell you that they can and will entertain directions from you and your subscriber, because that may be the owner of the monitoring center or sales people try8ing to be agreeable. Better to confirm with the central station manager and individual operators if customized responses are acceptable. 
      Dealers remember, you are indemnifying the central station; you don't want it making mistakes. And be sure to use the Standard Form Agreements which contain the protective provisions you need.
address on Fire All in One
    We deal with mostly commercial companies that have a management company and the location of the alarm is different from the billing address. On the Commercial Fire All in One there is no line for subscriber who the contract name is to be made out to and the location to be serviced, is this something we can add?
    There is one address line on the front page of the Fire All in One. I confess I considered it the location where the system was to be installed. However, it can easily be the address of the subscriber. Filed plans and specifications will have the installation address, and you can also provide that information in the Rider of Equipment and Services. 
    You can also change the address line so that it provides for Installation address and Mailing address. I'll consider that change in future updates.


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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
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