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 
******************************

Lawsuit survives motion to dismiss against alarm.com

June 2, 2022
*************************
Lawsuit survives motion to dismiss against alarm.com
************************
          Alarm.com, its dealer and the central station were sued in a subrogation action in Federal Court sitting in Mississippi for a residential fire.  In a nutshell, the alarm signal was received by alarm.com but was not transmitted to the central station.  The subrogation action Complaint alleged breach of contract, negligence, breach of warranty and design and manufacturing defect under Mississippi Products Liability Act. 
          You can read the case on K&K website under Alarm Law Issues / Leading Cases / Mississippi, and I suggest you do because I am too befuddled to explain the court’s decision.  I can only conclude that either the Plaintiff’s lawyer didn’t really care about the case, the Defendants lawyers had difficulty explaining how alarm systems work and alarm law in general, and the Judge couldn’t wait to get this case off his desk, which I might add he fails to do because while he dismissed most causes of action he permitted one cause of action to survive; the Plaintiff and Defendants will have to continue to suffer through this case until it, in my opinion, ultimately gets dismissed.  Though, who knows, maybe the carrier will settle rather than see the case through.
          It seems pretty clear that the Judge didn’t think much of the Plaintiff’s case [or the papers submitted by Plaintiff’s counsel] and did some independent theorizing to find a reason to allow the case against alarm.com to survive.  The case will proceed through discovery, the Plaintiff will come up with nothing to place blame on alarm.com [or the other defendants most likely – certainly not the central station who never got the signal – according to the court’s decision] and I predict will get dismissed after wasting a great deal of a lot of people’s time. 
          Apparently no one knows why a signal [duress according to the decision] was received by alarm.com.  Also it appears to be uncontested that the central station never got the signal.  Plaintiff’s theory is that alarm.com must be to blame.  I’m no alarm expert, but I am not sure what components of the alarm system was manufactured by alarm.com, if any.  Alarm.com surely didn’t own the communication pathways.  Also curious is that there is no discussion at all regarding alarm.com’s terms and conditions, a prerequisite for alarm.com services.  In fact the judge does state that there is no contract between alarm.com and the Plaintiff’s subrogor. 
          Well, I am not the attorney on this case and I have no further comment and definitely no advice for them.  Best of luck.
***********************

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