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 ************************************ How subscribers respond to signals / meetings at ISC March 30, 2019 ************************************ Notice: ISC West. Private meeting times are booked. Concierge Clients should call our Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 to arrange a private meeting and consultation. Open Meet and greet schedule at ISC: Wednesday 11:00 am – COPS booth ; 2:30 pm – Avant guard booth; 3:30 pm – All American Monitoring booth Thursday 11:00 am – Rapid booth; 2:30 pm – J. Krug booth *********************** How subscribers respond to signals *********************** In recent articles we discussed potential liability an alarm company faces when it instructs, directs or suggests that a subscriber go to the crime scene, or makes recommendations what the subscriber should do in response to the alarm. Of course subscribers respond in all kinds of ways no matter what conversation is had with the central station operator. It’s easy to opine on subscriber reaction in retrospect. Perhaps you just need to be there to try and understand how a subscriber acted as they did. The ADT case involved a subscriber going to a crime scene and ending up getting robbed by the burglars. I mentioned another subscriber jumping out of her second story window; false alarm. I am sure many of you have interesting stories. Send them in. Let’s see if you can top this one: “In January 2013, 57-year-old D. lived alone in an apartment in El Centro. D. had been in a wheelchair for 10 years because of a degenerative muscular disease. On January 12, 2013, around 3:00 a.m., D. was awakened by a loud noise. She got into her wheelchair, activated the burglar alarm, and wheeled herself toward the bedroom door. D. heard the sound of breaking glass coming from her living room. When she went to the front door, she saw that the window was broken. Hernandez was putting his hand through the window and was trying to unlock the door. D. pushed Hernandez’s hand away and attempted to close the door. When Hernandez kept pushing on the door, D. bit one of his right fingers. Nevertheless, Hernandez forced his way in.” This subscriber was molested and sodomized. The decision details the encounter, but I left it out here because I am interested in the subscriber’s conduct, not the burglar’s conduct. Here, a woman in a wheelchair decides to confront a burglar breaking into her home. The decision does not make clear what kind of alarm was activated. It’s not likely the subscriber could have activated a burglar alarm once a window was broken, so I suspect it’s a panic alarm. The police did respond and the prep was arrested, but this subscriber did suffer significant personal injury. Clearly this subscriber was not instructed by any alarm professional to react this way. This is good example of why security professionals need to [try] and educate their customers. Here is the case: 2019 WL 1255016 United States District Court, S.D. California. LARRY HERNANDEZ, Petitioner, v.SCOTT KERNAN, Respondent. Case No.: 3:16-CV-2460-AJB-LL 03/19/2019 *********************** CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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
