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Texas Police officer shot by homeowner responding to burglar alarm / contract explanation
March 16, 2019
Notice:  I'll be at ISC West in April.  Call our Concierge Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304 to arrange a private meeting and consultation.  Meetings and consults will be No Charge during the ISC show.
I will also be scheduling meet and greet times at a few central station booths in the exhibition hall
.  That schedule will be posted here soon.
Texas Police officer shot by homeowner responding to burglar alarm
            A Midland, Texas police officer was shot and killed by a homeowner when the officer was in the home responding to a burglar alarm.  The homeowner has been charged with manslaughter.  Serious stuff.  Police officers are confronted with life safety issues daily.  
            Think about how many police officers are called upon to respond to a home alarm condition.  Someone must have the statistics.  One can only imagine how many dangerous situations await them; poorly maintained homes with dangerous construction defects [rotted wood steps that can’t support a foot], dangerous animals, occupants legally and illegally in the premises.
            Perhaps technology will continue to develop so that security systems can somehow aid police officers when they arrive at the home.  I know that technology is already being used in schools and other places for active shooter situations.  
            More responsibility for alarm companies; more liability;  something to think about.
contract explanation
            The contract we just received from you states that we are not responsible and that the customer is responsible to pay our legal fees in the event that we are held liable for injury caused by failure to report system signal or injury caused by failure to report signal.
            Can this be right and how do we explain this to our customers?
            That's one way of summarizing the contract terms.  The contract exculpates you from liability and limits liability and generally, shifts the risk of loss to the subscriber.  It's rather clear in the contract, so, it's not that customers don't understand it, it's that they don't like it.  They need to understand that they don't pay you enough to expose you to the kind of damages that may occur, such as personal injury, loss of property, etc.  You can offer more protection if they pay more money, all the way to engaging a private army to keep them safe.  Obviously they don't want to pay for that and they should be smart enough to carry insurance to protect them.  Adding you as an additional insured actually protects them because without the insurance, and with the indemnity, they will have to be out of pocket to indemnify you.
            The contracts are new to you.  You need to learn how to sell them; to get them signed.  You don't need to know what the provisions mean and you should never be explaining the provisions to the customer.  Your response should be that it's industry standard contract, required by your central station and insurance company.  Customer will have the same terms with any other legitimate alarm company - including ADT, Simplisafe, Ring, anyone they have heard of. 

You can check out the program and sign up here: or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
I am looking forward to meeting all Concierge Clients in Las Vegas at ISC West in April.  Please make arrangements with Stacy Spector,Esq

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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
516 747 6700