SDMmag logo
search
Go to Ask SDM AI
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
SDMmag logo
  • NEWS
  • PRODUCTS
  • TOPICS
    • Access Control & Identification
    • Integration & Network Solutions
    • Life Safety & Fire Alarm
    • Monitoring
    • Smart Home
    • Trends & Industry Issues
    • Video Solutions
  • COLUMNS
    • Digital Shuffle
    • Editor's Angle
    • Insider News & Business
    • Integration Spotlight
    • Marketing Madmen
    • Security & the Law
    • Security Comings & Goings
    • Security Networkings
    • Technology @ Work
    • Technology Solutions & Skills
    • SIA Waypoints
    • Cybersecurity Chronicle
  • EXCLUSIVES
    • Annual Industry Forecast
    • Dealer of the Year
    • Project of the Year
    • SDM 100
    • State of the Market Series
    • Systems Integrator of the Year
    • Top Systems Integrator Report
    • TMA Excellence Awards
  • BLOG
  • MEDIA
    • Videos
    • Podcasts
    • Polls
    • White Papers
  • EVENTS
    • Industry Calendar
    • Webinars
  • MORE
    • Classified Ads
    • Newsletters
    • SDM Store
    • State of Security eBook
    • Sponsored Insights
  • BUYERS GUIDE
    • Buyers Guide
    • Take a Tour
  • EMAG
    • eMagazine
    • Archive Issues
    • Monitoring Today
    • Advertise
  • SIGN UP!
ColumnsSecurity & the Law

What is the Duty of the Fire Alarm Company?

By Lessing E. Gold, Contributing writer
January 3, 2022

In the United States Court of Appeals in Ohio, a case was tried where after a fire at a house claimed the life of a female occupant, her husband brought a wrongful death suit against the companies that provided the couple with alarm services, claiming negligence and gross negligence.

The deceased occupant contracted with an alarm company to provide home security services through a package. Included in the package was one free smoke detector, which was installed and linked remotely to a monitoring center and could inform the company of different information such as the outbreak of a fire.

At the time of the installation, the household had only one working smoke detector, which was in the hallway outside the bedrooms. The husband, who was out of town at the time, remembers seeing that the old smoke detector had been removed when he returned home. After the new smoke detector was installed, the company his wife originally contracted with was acquired by another company, a fact which was not disputed.

In June 2017, the new company began to receive a series of signals from the smoke detector, indicating that the device had a low battery. When the company received such a signal, it notified the wife about the low battery by sending her an email and a text message, as well as calling her on the phone. The company sent her a replacement battery and also called her, speaking with her directly, to set up the appointment. That appointment never took place, however; on the scheduled day, she cancelled via text.

The company continued to receive signals at various intervals concerning the smoke detector’s low battery in the months that followed. The company had contacted the wife on 13 different occasions about the smoke detector’s low battery, the last one being Oct. 16, 2017.

On Oct. 28 or early Oct. 29, 2017, a fire began in the house. Although investigators were unable to establish its cause, the fire likely originated in or near either a closet or attic stairwell that was close to the home’s kitchen, smoldered for some time, and then vented through the roof. The wife was alone in the house and sleeping in the living room on the couch. Eventually a neighbor noticed flames projecting from the house’s roof and alerted the authorities.

The husband, as administrator of the wife’s estate, initiated the lawsuit. The company moved for summary judgment, arguing that they owed no duties to the wife other than those embodied in their contract. The husband cross moved for summary judgment and argued that the company had been negligent for failing to follow Ohio’s fire code, which he claimed mandated that the company install smoke detectors in every sleeping room, outside every sleeping room, and at least one on every level. The district court denied the husband’s motion for summary judgment and granted the company’s motion for summary judgment.

Looking for quick answers on security topics? Try Ask SDM, our new smart AI search tool. Ask SDM →

On appeal, the husband argued that the company owed them a duty to install more smoke detectors in the house and a duty to warn the wife about the fire as well as about the low-battery.

To support his claim that the company owed his wife a duty to install additional smoke detectors, the husband focused on parts of the Ohio Fire Code. The court indicated that even if the Ohio Fire Code does impose a tort-based duty to install more smoke detectors, the code is clear about whose duty this is: “Correction and abatement of violations of this code shall be the responsibility of the owner.” In other words, it was not the company who was obligated to install more smoke detectors in the residence. Instead, it was the couple’s responsibility as the owners of the home to bring the property into compliance with the Ohio Fire Code by installing the requisite number of smoke detectors.

Turning next to whether the company owed the wife any duty to warn, the husband details two distinct duties. First, he argued that the company owed the wife and the rest of the household a general common-law duty to provide early warning of the fire. Even if such a duty existed, the company argued that the wife assumed the risks associated with a non-working smoke detector when she repeatedly ignored notifications about the issue.

Under the unique facts of this case, a reasonable person must conclude that the wife’s negligence in failing to heed the warnings provided by company about the low-battery signal outweighed any negligence by the company. At the outset, the court emphasized that this is not a case where a fire alarm company provided little or no warning about the faulty equipment.

The court concluded that because it was proper to grant the company’s motion for summary judgment on the husband’s negligence and gross negligence claims, it followed that the district court’s decision to deny the husband’s motion for summary judgment on these claims was also proper.

KEYWORDS: security

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Lessing E. Gold of Mitchell, Silberberg & Knupp is counsel to the California Alarm Association and a contributing legal columnist. He can be reached at sdm@bnpmedia.com.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • SDM 100

    SDM 100: Top 100 Security Dealers of 2026

    The top 100 security dealers navigated a complex...
    Exclusives
    By: Karyn Hodgson
  • Security camera

    State of the Market: Video Surveillance

    As video surveillance shifts from siloed systems to...
    Video Solutions
    By: Brianna Wilson
  • 2026 Industry Forecast

    SDM 2026 INDUSTRY FORECAST

    Rapid technology advances meet shifting economic...
    Annual Industry Forecast
    By: Karyn Hodgson
Manage My Account
  • SDM Newsletters
  • Online Registration
  • eMagazine Subscriptions
  • Subscription Customer Service
  • Manage My Preferences

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the SDM audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of SDM or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Doctor examining child patient with mother present in medical clinic
    Sponsored byHID

    The Human Side of Hospital Security: How Modern Visitor Management Protects People First

Popular Stories

Video surveillance camera

Why Video Health Monitoring Is a ‘No Brainer’

ESA Board of Directors Q2 26 Elections

Electronic Security Association Announces 2026 Board of Directors Election Results

TMA & SDM Logos

Becklar, Elite & Puget Win 2026 TMA/SDM Monitoring Center Excellence Awards

SDM Dealer of the Year 2026 Promotion

Poll

What’s the most promising trend in the industry?

What’s the most promising trend in the industry?
View Results Poll Archive

Products

Physical Security Assessment Handbook An Insider’s Guide to Securing a Business

Physical Security Assessment Handbook An Insider’s Guide to Securing a Business

See More Products
SDM 100 2026 Rankings

Related Articles

  • Security  Law 2019

    What is the Prevailing Wage for Testing & Inspecting Fire Systems?

    See More
  • State of the Market: Fire Alarm 2011

    See More
  • State of the Market: Fire Alarm 2009

    See More

Related Products

See More Products
  • Physical Security and Safety: A Field Guide for the Practitioner

  • school safety.jpg

    The Handbook for School Safety and Security

  • facility manager.jpg

    The Facility Manager's Guide to Safety and Security

See More Products

Events

View AllSubmit An Event
  • April 29, 2026

    Beyond the Fire Panel: How the Right Resources and Support Drive Success

    ON DEMAND: Success in fire alarm projects doesn’t come from great technology alone, it comes from having the right support at every step. Learn how dealers and integrators can deliver smoother installations and stronger customer experiences.
View AllSubmit An Event

Related Directories

  • The Housing Company

    Our Housings and Steel Pedestals are 100% Made in the U.S. including Source Materials and include injection molded polycarbonate housings for card readers, intercom and camera installations & steel/aluminum gooseneck pedestals. Specifically designed for use in parking entry, perimeter security & gated entries. Housings are maintenance free and wireless friendly
×

Be in the forefront of security intelligence when you receive SDM.

Join over 10,000+ professionals when you subscribe today.

SIGN UP TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing