False alarm results in criminal and civil cases in Texas – homeowner shoots cop / webinar announcement February 2, 2022
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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 white list ken@kirschenbaumesq.com ****************************** False alarm results in criminal and civil cases in Texas – homeowner shoots cop / webinar announcement February 2, 2022 ******************* Announcing webinar series 2022. Still time to schedule your webinar presentation. Contact Ken Kirschenbaum to participate in our webinar 2022 series. ***************** Webinar Title: Specialized financing techniques for the Security Alarm Industry When: Wednesday, February 9, 2022, at 12:00PM Eastern time Topic Details: Financing option to grow equity without selling RMR accounts and no chargebacks, holdbacks, Recourse or Risk Presented by: Tony Smith, President of Security Funding Associates (SFA) Hosted by: Ken Kirschenbaum,Esq., Who should attend: Company owners and CFOs Register here: https://attendee.gotowebinar.com/register/8814691682009291276 ******************* Webinar Title: what's new in the 2022 updated contracts When: February 15, 2022, at 12:00PM Eastern time Topic Details: most important updates in the 2022 contracts Presented by: Ken Kirschenbaum, Esq. 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Kirschenbaum & Kirschenbaum Who should attend: Company owners, CEOs, CFOs Register here: https://attendee.gotowebinar.com/register/1255265567049106699 ********************** False alarm results in criminal and civil cases in Texas – homeowner shoots cop by Jesse Kirschenbaum, Esq. ******************* On the night of the incident the central station, Lydia Security Monitoring, ran an automated test of the alarm system. In response to the test the system sent back an error signal which prompted central station dispatchers to dispatch the police. Not even 90 seconds after the police were dispatched the central station ran a second test which showed the system was functioning properly. For some reason the dispatchers did not notify the police that it was a false alarm and at no point did they notify the homeowner that police were dispatched. With no alarm going off (in fact the alarm system was not even armed that night) and no reason to believe police were being dispatched to his home, the homeowner mistook the officers for burglars and shot one of the officers on the front porch as they were approaching. The murder trial of the homeowner for the 2019 shooting of a Texas police officer came to an end last month when the jury reached a not guilty verdict for the homeowner. This story does not end with last month’s not guilty verdict as the cop’s family has filed a lawsuit against the homeowner seeking over $1 million. The lawsuit claims that not only did the officers announce themselves upon arrival, but that the front porch of the home was equipped with night vision video security which the homeowner failed to view in order to identify the officers prior to firing shots at them. The homeowner has filed a separate lawsuit against Bam’s Security, the alarm company that installed the alarm system, as well as against the central station Lydia Security Monitoring, which is the parent company of COPS Monitoring. In his lawsuit the homeowner claims he had no reason to suspect police had been dispatched to his property and upon detecting the two officers approaching his property he believed the men were “burglars or worse.” The verdict reached in the criminal trial will have no bearing on the civil lawsuits. Jesse Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum, P.C. 200 Garden City Plaza Garden City, New York 11530 (o) (516) 747 - 6700 x. 329 (c) (203) 247-3362 www.kirschenbaumesq.com ********************* Response ********************* The criminal and civil cases raise interesting issues for the alarm industry. A jury apparently found that the homeowner was not guilty of murdering the cop; it was an accident. Of course the level of proof in a criminal case is proof beyond a reasonable doubt. Not so in a civil case. In a civil case the cop’s family will only need to establish that the homeowner was negligence – failed to exercise reasonable care – in shooting the cop. The cop’s family will have a different jury, different judge and much different law to contend with than the District Attorney faced when prosecuting the homeowner. Interestingly enough, as reported above, the cop’s family sued only the homeowner, not the alarm dealer or central station. They could have sued the alarm companies, but didn’t. Good thing for them that they didn’t because they would have been faced with much different issues than they face suing only the homeowner. Also, I suspect, had they sued the alarm companies the alarm companies would quickly take the position that nothing the alarm companies did gave license to the homeowner to shoot the cop. So the homeowner decides to bring in the alarm companies. I think that will not likely end well for the homeowner, though it depends on how the alarm companies decide to defend the lawsuit. By the way, this is a good example, remote as you may think it is – and it isn’t – of the kind of lawsuits alarm companies face and whey they need to carrier insurance. These lawsuits are expensive to defend, and you always run the risk of losing the case. Back to the alarm companies’ defense, it will be interesting to see how that plays out. I know how it would play out if I were handing the defense, but I’m not, so the carriers and their house counsel are on their own. No risk to the alarm companies since the claim is well within insurance coverage and more importantly I hope they have Kirschenbaum Contracts ™. ********************* To order up to date Standard Form 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