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Comments on ADT water damage case
April 1,  2022
Comments on ADT water damage case from article on March 28, 2022
          Regarding the article on March 28, 2022:  Lawsuit against ADT for low temp water damage survives motion to dismiss 
          Perhaps those Federal Judges should recuse themselves in this case, because ADT has a long standing contract with the FEDERAL Government to put monitored security systems (favorably priced security systems/cameras/panic buttons, etc. in each FEDERAL JUDGE's personal homes (vacation homes, too), across the United States.  Perhaps the plaintiffs are unaware of these circumstances.  Perhaps that explains why ADT wants/moved case to Federal court. 
Cynthia Hart - former ADT employee
Retired Security Consultant
          Interesting observation.  If a judge is a customer of an alarm company the judge would need to disclose the relationship, offer to recuse himself and perhaps insist that he recuse himself.  ADT, if it does provide alarm service to the federal judges, may consider the federal government its customer, not the judges.  But in this industry we know who the real end user is, even if that’s not the party who contracted for the service or pays for the service.  They have the code, can call for service, can put system on test, expect the system to benefit them – they are sufficiently connected to be considered a customer.  Of course we aren’t sure ADT had system in this judge’s home or that the relationship wasn’t disclosed to the parties.
Another comment
          In bringing this suit against ADT for water damages wouldn’t the homeowner, or their insurance carrier, have to present their copy of the contract to prove in fact that there was a contract and any provisions they relied on?
Jack F
          I have repeatedly warned against doing any alarm services without a proper alarm contract.  The reason for the warning is that an alarm company can be held responsible for negligently performed alarm services even without a written contract.  Of course when the “contract” is a handshake it’s awfully difficult to pin down the actual terms and conditions of the undertaking.  In fact, it wouldn’t go too well if all the parties had to rely on was the alarm company’s website to define the alarm company’s duties.  That website promising 24/7 protection looks a lot different than the alarm company’s contract terms, especially if the alarm company uses Kirschenbaum Contracts™.
          So a customer can sue for breach of contract, even if verbal, or can sue for negligence if the alarm company engaged in performance that is alleged to be negligent. 
          Luckily for the alarm industry, at least those alarm companies who don’t bother to retain contracts, or can’t find them when needed, often those suing alarm companies will allege that there is a written contract and they can be called upon to produce it or admit it looked just like the alarm company’s standard form [assuming the alarm company has a Standard Form Agreement].

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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