KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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Whats life impact when central station calls wrong first responder
December 1, 2018
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Whats life impact when cs calls wrong first responder  
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Ken
          What is the real life Impact if the monitoring center calls police instead of the fire department? Substantial delay?
JK
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Response
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          Monitoring center gets a fire signal, calls police; gets a burg signal, calls fire department; gets supervisory signal, calls no one or calls the wrong first responder.  
          Monitoring centers miss calls and call the wrong first responder, most of the time because the subscriber’s alarm system has not been properly programmed or the zones and potential signals have not been provided to the monitoring center.  
          A good percentage of lawsuits by subscribers [and their insurance companies] involve the monitoring center and how the signal or multiple signals were handled. Though not easy to prove, but many plaintiff’s try, delayed response from the monitoring center is alleged to contribute to the loss, and that includes personal injury, death and property damage.  It’s awful hard to prove that a fire spread because of seconds or minutes delay in calling in a signal, or that someone died as a result of the delay, or the fact that no signal was communicated to first responders.
          Monitoring center personnel do make mistake; we all do.  But I have to say that more often than not it’s the dealer who has failed to program the system or communicate the data necessary for the monitoring center to recognize and respond to the signal.  
          Delayed response to a signal is less common than no response at all.  Monitoring center operators are, for the most part, well trained and central station response is quick and accurate.  It’s when the signals don’t get to the monitoring center or can’t be identified properly because the data was not programmed correctly that causes most of the problem.  
          Dealers, keep in mind that you have agreed to indemnify your central station.  Be sure you’ve added the central station as an additional insured, even if the monitoring company was too stupid to insist on it.  When negotiating with the monitoring center be sure to get it to limit your indemnity to your insurance coverage.  If the monitoring center won’t agree to that, change monitoring companies.  Period.  You should not be placing your business at risk for a single loss.  That’s what insurance is for.  Need to find a monitoring center, check The Alarm Exchange under the central station listings.  Many will permit you to limit your exposure to your insurance coverage.  
          To answer the question presented, the “life impact” of alarm error can be catastrophic.  People die or are severely injured.  Millions of dollars of property damage is suffered.  That’s why the alarm industry is the “life-safety” industry.  This industry is no longer about leaving a card in the door in the middle of the night to show that the watchman was there [and didn’t rob you because you pay them every week], or a local bell that hopefully alerts a neighbor.  Alarm systems are a necessary way of life and the alarm, security, fire, personal response and medical alert industry is huge business, no longer a luxury, but a necessity for police, fire and EMT response and services. This definitely is not your granddad’s operation anymore.  It’s not your dad’s either.  In fact, if you’ve been in business for 10 years, maybe even 5, it’s not the business you started then either.  Technology is evolving faster than most can keep up, and the public wants and soon comes to need all of it.  First responders, whether they admit it or not, rely on these systems even more than the subscribers do.  
          Unless you’re new to the business, I by that I mean months, another year is almost passing us by.  You need to evolve as fast as the technology.  You need to keep pace with changing products and services.  You don’t like wireless?  Many didn’t like cars replacing horses.  
          The Standard Form Agreements, particularly the All in One agreements, are designed to force you into today’s technology and services.  Make sure you have the authentic Standard Form Agreement, it will have our registered Trademark, Kirschenbaum TM Contracts.The contracts deal with the products and services and expose the risks and provide the best contractual protection available.  Concern for liability in the contract is exactly what makes the contracts more valuable, adding to your business’ equity.  Do not let another year go by without getting the Standard Form Agreements, and most importantly, using them.  If you do have the Standard Form Agreements and your forms are more than 2 years old, you need to update the forms.  Call our Contract Administrator Eileen Wagda for assistance:  516 747 6700 x 312.
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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
516 747 6700
www.KirschenbaumEsq.com