KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Expert blames home fire on unlicensed contractor and cs dragged in July 26, 2024 ************************** Expert blames home fire on unlicensed contractor and cs dragged ************************** Ken, Thanks again for your valuable insight into the alarm industry, and sharing it to our benefit. Several of my fire-event fatality Expert Witness engagements in the last few years have involved the monitoring company paying out heavily based upon licensing issues. The one I will reference here is a double-fatality residential fire where the “phone & gate guy” put in the burglar alarm and, as often happens in the residential new construction world, “oh, yeah, add some smoke detectors to that burglar alarm, please.” he house caught fire from a sub-floor electrical problem and the resident and her caregiver perished in the fire. The two-story “Doll House” burned to the ground. Especially damaging to the defendant was the 911 recording of the resident pleading for help before coughing repeatedly and then falling silent on the recording. That, coupled with the alarm not sounding in the background and not communicating post-service call months prior by the unlicensed installer, the jury would surely have found for the plaintiffs if not for the pre-trial settlement. My post-fire investigation revealed that the installer had no licenses for alarm or fire, and obtained an account code and a receiver line number from his buddy in the business. But the installer wasn’t the defendant. The buddy, the builder and the monitoring company were. I wonder if the buddy alarm company who revealed his account information to the unlicensed installer so the system could get monitored was called upon to indemnify the central station? The monitoring company paid most heavily for their role in ignoring “Fail To Communicate” signals (30 day requirement on monitored resident fire) for 144 days before the fire. Had they done their job, service might have dispatched and fixed the phone line and the FD called at the time of the fire, and lives could have been saved. Lloyd Young, APS, LPI 713-899-3922 ******************************* Response ******************************* This is an interesting scenario and perspective from a fire alarm expert. Seems like a phone and gate installer [not clear if actual gate or just the communication call button] installs fire alarm component devices [and possibly intrusion devices] and arranges for cs monitoring. House ends up burning down and resident and caregiver die in fire. Apparently evidence is revealed that alarm communication had been down, alarm did not sound at time of fire, the phone company installer didn’t have an alarm license, the central station permitted that alarm to be hooked into the central station using a friend’s [an alarm dealer of that cs] account. Of course this installed wasn’t sued. What a mess. The alleged facts in the case are of course egregious conduct and horrendous injuries and damage. Add to that the unlicensed installer. In layman perspective that is sometimes enough to prove incompetence. It’s really not and had the only factor here been that the installer was not licensed there would be no case. But if the alarm had worked there may not have been a lawsuit, though with these injuries a lawsuit may have been inevitable. Lack of a license is generally not enough to prove negligence and liability, though it is enough to support fines and criminal penalties. In a civil lawsuit the Plaintiff has the burden if proof to win the case; that burden is preponderance of the evidence. That means Plaintiff needs 51%. While lack of license may not be enough to get to 51% it will move the needle in that direction so that some evidence of negligence might be enough to change uncertainty to most likely. There are a slew of other potential consequences of operating without a proper license though many licensed alarm installers will bemoan the fact that few licensing agencies are as active or diligent as they would like. Keep in mind that the easiest targets for the licensing agencies are those companies with a license who fail to comply with licensing rules. Those without a license may not come to the attention of the licensing agency. For those wondering why they should bother with a license or take care complying with all the rules, well there is a least one selfish reason, the value of your business; the business will be worth more, a lot more, if you comply with license requirements. ************************ STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
