KEN KIRSCHENBAUM, ESQ
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Zwirn’s UL position disputed / Liability for panels with too many options
February 27, 2021
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Zwirn’s UL position disputed
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Ken,
          As a point of fact, JCI has disputed Zwirn, see  https://ipvm.com/reports/jci-interceptor?code=kk
          And UL has disputed it, see  https://www.sdmmag.com/articles/97555-ul-concludes-investigation-of-alarm-panels
          I am responding to your sentence, "I haven’t heard from any manufacturer or testing laboratory who contradicts Jeff’s findings and conclusions."
Hope this helps.
John
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Response
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          I haven’t read the rebuttal points of view, but the fact that there are different points of view will likely reduce liability exposure for continued use of the products.  Of course better safe than sorry comes to mind, but each of you needs to access the technical information and decide if the products are reliable enough to use or if alternate products without controversy would work.
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Liability for panels with too many options
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Ken,
          I have a question as to potential legal exposure arising from the use of
a manufactures alarm panel which as part of its keypad
interface has Medical, Fire Alarm and panic buttons visually displayed
which that cannot be hidden nor disabled.
          If we use this alarm panel in small commercial settings, such as a small business
Office, will we be installing a system that the commercial customer or
its employees could rightly construe as a Medical and Fire reporting
alarm system?
          If so, my concern is that if there is a problem with the Medical and
Fire panic signal dispatch and litigation occurs would we be legally
exposed since as I understand it the K&K Commercial Lease All-In-One
contract which we use is not designed for commercial medical or fire
alarms?
          Am I being needlessly concerned where we should just have paramedics or
fire department dispatched if medical and fire keypad panic signals are
received  from the panel, or should I avoid using this “All-In-One”
panel in a commercial locations until the manufacture makes it where the
Medical and Fire panic buttons can be configured out of the system?
          Thank you for your insights.
Chris
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Response
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          You raise valid concerns.  Why would the key pad prominently display a panic button if the alarm system isn’t going to be programmed to transmit that signal?  What happens when that button is pressed?  Does it send out a burg signal or does it simply do nothing?
          The Commercial Security All in One agreement does not cover fire and it doesn’t cover medical alert; it will cover panic which is included in the plethora definition of PERS. 
          Creating a misconception or misperception is obviously not a good thing.  While the contract will clearly describe what alarm systems are being installed and monitored it’s reasonable to assume that employees and others who may rely on the alarm system will have a false sense of security if they don’t realize that the emergency button they are pressing does nothing.  I would avoid using a panel that miss-describes the available signals.  As a precaution, if you can’t avoid this panel, put a sign up that certain buttons are not programmed; call 911.
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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