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 ****************************** Comment on Limitation of liability rejected in OHIO court – why? February 19, 2025 ***************************** Comment on Limitation of liability rejected in OHIO court – why? from article on January 14, 2025 ***************************** Ken I have but one comment. What a CF. If people ever wonder why lawyers make what they make, hand them that and say "Here, read this. This is my every day." They will just hand you their checkbook. And I'm glad it's not from the alarm industry, but construction is so closely intertwined with us that I appreciate you bringing it to our attention. This brings my old saying into mind. "There are times where the most profitable customer you have is the one you force your competitor to take." My boss and I use that saying at least weekly. If you don't have him on your mailing list, please add him. That is my boss Mike and I send him your emails frequently. You'll save me a step. If he hasn't ordered your contracts yet he will be shortly, we're just getting into the alarm industry (I've been in it since the mid 1980s and have met you at the old OBFAA (now Ohio ESA) annual meeting. I was on their board of directors before I moved to Texas. Dave Watkins Sales and Marketing Manager Sys Logic Technical Services **************************** Response **************************** If you read the January 14 2025 article [which reviewed a recent case on limitation of liability clause] you will see my comments on the inefficiency of how defense cases are handled, sometimes to enrich the defense lawyers, but somethings in the mistaken premise that a motion to get out of a case must wait until all the discovery is completed. While that often times is the case, sometimes it’s not, especially when the defense to the case is black and white provisions in the K&K Standard Form Agreements that state, simple as can be, “no liability here, period”. The easiest way to get out of a lawsuit is finding a “legal” defense, as opposed to arguing a “factual” defense. Facts can be forgotten, twisted and manipulated, not so much the law. The alarm [and for those that don’t keep up with my articles, you know I include all security, cameras, access control, and just about anything else you install to make people feel safer] industry is by its nature open to lawsuits for damages customers suffer primarily because customers think your services are supposed to prevent loss. We know that’s not the case, but it’s sometimes hard to remember that when you see all the advertisements for security systems touting how they will keep you safe, “police on the way ….” You simply need a quick and easy way out of a lawsuit trying to hold you responsible for a burglary, theft, fire, smoke, water, etc damage. If you’re not using the K&K Standard Form Agreements, and keeping them updated, you simply are not doing what you should be doing to keep yourself safe. You will find that the best contracts also happen to be the least expensive, easily purchased and easy to use. ****************************** 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
