KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Subscriber kills himself  / More on thermal camera warnings
March 16, 2021
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Subscriber kills himself  
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Ken,
            We had a monitored residential alarm customer who, unfortunately, shot his girlfriend and himself; died a few days later in the hospital according to the news. Do we terminate his alarm service going by the news reports or wait until his next of kin calls us to terminate?  No one has called to date. Do we wait until his auto pay doesn’t go through any more and then terminate base on non-payment?  Two scenarios:  what if we know for sure that was him who died, or what if we are not really sure if that was him and cannot get hold of him or his contacts?
   Please keep name withheld in your newsletter.
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Response
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            Tragic, but regrettably a subscriber can't get out of a Kirschenbaum Contract ™ by killing himself.  In fact, death doesn't terminate a contract unless the contract provides for termination on death [such as in a PERS contract].  When someone dies their estate becomes liable for the contractual obligation.  Of course some decedents have no property or assets, hence no estate to look to, so it's a dead issue. 
            Unless you have Sherlock Holmes on your staff it's not your responsibility to terminate a contract as long as you are getting paid.  Once payment stops you can terminate.  If there is an estate you can file a claim for your contract damages. 
            On a more serious note, there may be others in the house who are still relying on the alarm and for you to terminate without notice based on a news report would put you at risk. 
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More on thermal camera warnings
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Ken,
            There has been a new development in the use of fever / temperature cameras. The FDA issued an alert on March 4, 2021, "that improper use of the systems may provide inaccurate temperature readings due to a variety of factors. Additionally, the FDA issued several Warning Letters to certain firms offering unapproved, uncleared, and unauthorized thermal imaging systems for sale."
            In particular, 8 manufacturers have received warning letters (see FDA directory). The warning letters declare: "FDA is advising consumers not to purchase or use certain products that have not been approved, cleared, or authorized by FDA and are being misleadingly represented as safe and/or effective for the mitigation, prevention, treatment, diagnosis, or cure of COVID-19."
            How many total manufacturers will eventually receive such warning letters is unclear.
            Do you have any thoughts about what alarm installers or dealers should do if they have re-sold or provided such products?
John
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Response
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            Alarm companies who have sold thermal cameras or thermal imaging systems using the Commercial All in One [updated to include those products] don't have to warn anyone; the All in One already provides that the thermal cameras and thermal imaging systems are not intended "as safe and/or effective for the mitigation, prevention, treatment, diagnosis, or cure of COVID-19" or any other disease.  If alarm dealers don't use proper contracts for thermal imaging systems or any other systems then they deserve whatever problems come their way.
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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