KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Dummy cameras / Seattle PD commentary / ISC Free Private Meetings -schedule now
October 14, 2024
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Schedule your free private meeting with KK at ISC East
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    If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.comConcierge Clients will have priority.

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Dummy Cameras
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Ken,
   I hope all is well.
   I have a customer who has requested a hybrid installation of using live, recording cameras and then also the installation of four exterior dummy cameras.  It was brought to my attention that this could lead to potential liability as dummy cameras provide a false sense of security.        What is your take on this and how would you recommend discussing this with a customer?
 Name withheld
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Another question
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Ken
    What are the cons or legal issues about dummy surveillance cameras on a condo complex?
Nancy M
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Response
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    You cannot create a false expectation of security.  If you do expect to be sued.  Putting up dummy cameras is like putting up alarm stickers when there is no alarm system.  
    Here is article - DUMMY EQUIPMENT - OR SYSTEMS FOR DUMMIES
https://www.kirschenbaumesq.com/article/dummy-equipment-or-systems-for-dummies
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liability for using dummy cameras -- see this article:  https://www.kirschenbaumesq.com/article/dummy-camera-case-exculpatory-clause-didnt-help-vermont-case
      You need to be mindful that you and the customer have different perspectives and expectations for all electronic security systems, including cameras.  Your expectation is detection.  With cameras, unless they are real time interactive, the cameras aren’t even detection, they are more of less captured video that can be viewed well after the incident to hopefully shed some light on “whodunit”. 
       Customers view security systems are preventative; as in should not only deter but PREVENT loss.  It’s not a realistic expectation and the Standard Form Agreements quickly and unequivocally disabuse the customer of that expectation, at least contractually, but a loss just as quickly revives their unrealistic expectation, one often shared by their insurance carrier.
         With cameras, perhaps more so than intrusion and even fire alarms, the devices are often visible by the public who may be lured into a false sense of security.  A property owner may add to the misconception when it proudly posts signs that the premises are under 24/7 surveillance.  And while it may be the property owner who is the primary target in a lawsuit, with your name on the sign or posted somewhere in sight, you may be dragged into the lawsuit.  Bad facts make for bad law, and personal injury or death claims can easily exceed your liability insurance coverage, which means sleepless nights for you.
        Of course the above includes active cameras, monitored or not, but applies even more so with dummy cameras.  The bottom line is that you should not agree to install them.
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Seattle PD commentary
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          By now you have heard that Seattle PD sent NMC and possibly other central stations notice that monitored customers had two weeks to update their systems to include video or audio equipment for verification purposes.  Without video or audio verification there would be no police response.  The PD claimed this was necessary to reduce false alarms and blah blah blah.
          I was surprised, though I can’t image why, to read [NY Post 10.1.24 page 25] that the Seattle PD “has somehow lost nearly two dozen guns in the last eight years-and nobody knows where they went.”  The Post refers to this as a “disturbing revelation”.  But don’t worry, a PD department spokesman is quoted as saying “We’re going to do our best to ensure that we do better.” 
          Maybe if this PD wasn’t trained by or modeled after the Keystone Cops they would be more efficient and better equipped to protect the citizens of Seattle instead of figuring out how they can ignore distress signals.  While I do think video or audio confirmation [verification] is great I don’t think police can require alarm customers to install or pay for more than they can afford or want; they too are entitled to police protection, though perhaps they are only entitled to what they voted for.
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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