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 ****************************** Dog bites someone at work / only 3 more days to RSVP for K&K Holiday Party November 28, 2024 ************************* Holiday Party 2024 – this is your invitation - please rsvp if attending no later than 12/1 ************************** The K&K Holiday Party will be on December 12, 2024 in Old Westbury, NY from 6:30 to 9:30 PM. You’re invited, but you do need to RSVP before December 1, 2024 so we can properly plan. Format is casual dress, cocktails and plenty of pass-around hors d'oeuvres; you won’t leave hungry. Please send your RSVP to Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Amy Laveglia at 516 747 6700 x 313 or ALaveglia@Kirschenbaumesq.com. Come see old and meet new friends at this social event. Looking forward to seeing you at the party. *********************** Dog bites someone at work *********************** Ken, If an employer allows employees to bring dogs to work and the dog bites or attacks another employee, customer, or a vendor (like a security technician) - who is at fault? Seems like everywhere we go dogs seem to be present. In homes and business. As a business owner I also wonder how that would play out if it would occur at our office. Thank You, Will ************************** Response ************************** OSHA [a federal agency with more than 3 letters] requires that employers provide their employees with working conditions that are free of danger; i.e., a safe place to work. We generally think of ladders, scaffolds and hazardous material as dangerous conditions. How many bites does the boss’ Rottweiler get before the employer is going to get sued? I generally allow my employees to bring their children to the office; how many bites do they get? [one, if its me]. The owner of the dog is liable for a bite though it’s commonly believed that a dog is entitled to one bite. That’s not true for dogs believed to have aggressive nature, whether that belief is because of the breed of dog, training or history of that dog. Employer exposure to liability doesn’t mean employees are guaranteed not to be injured on the job; that’s what Workers Compensation Insurance is for, and that will shield an employer from an employee lawsuit because the employee is limited to the Workers Compensation benefits. It would be an interesting bar exam question if the employer would be liable for a dog bite beyond the Workers Comp coverage. I can envision the answer is yes, especially if the employer created or acquiesced in the dangerous conditions. I can think of other situations, such as allowing dart board playing in the office without proper backdrop; requiring work without sufficient heat or AC; permitting “horse play” in the office that results in injury to non-participants and perhaps participants too. Many of these issues, including the dog, can easily be avoided. I may have to re-consider my position on children. ************************* 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
