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ColumnsSecurity & the Law

Alarm Contracts

From System Failure to Liability: Not so Fast

Define the relationship carefully, document performance, and do not assume that the limits of a system are obvious to consumers. They often are not.

By Lessing E. Gold, Contributing writer
Security Law
June 19, 2026

In a recent decision, the United States District Court was asked to address a set of issues that are well known to those in the security and alarm space: namely, what happens when a system does not perform as expected, and whether that failure can be legally linked to the damages being claimed. 

The plaintiff filed a lawsuit against the alarm company alleging losses resulting from an alarm system failure and the denial of adequate support from the company. Framing the claim in negligence, the plaintiff attempted to draw a straight line between the alleged system shortcomings and the harm that resulted.  

The defendant alarm company challenged the lawsuit’s fundamentals, arguing that the claims were substantially contractual in nature, and that any recovery should therefore be governed and limited by the agreement between the plaintiff and the defendant alarm company. The defendant also pushed back on causation, arguing that the alleged failure was not the direct cause of the plaintiff’s damages, or at least not in the way the plaintiff claimed. 

The court’s analysis focused on two familiar key points, causation and the contract versus tort distinction.  

On the issue of causation, the court clarified that it is not enough to simply identify a system issue and then point to a loss; the plaintiff must show a reasonably direct connection between the two. Where factors such as human conduct, external conditions, or even intervening events play a meaningful role, the causal chain can begin to break down quickly.   

At the same time, and not surprisingly, the court did not suggest that system providers are insulated from liability simply because multiple factors may be at play. Rather, the question is whether a failure is of a type that could foreseeably result in the kind of harm claimed. If so, and if the connection is sufficiently demonstrated, the claim may proceed to the pleading stage. 

The contract issue is equally central. The defendant argued that the duties in question arose solely from the parties’ agreement and that the plaintiff could not simply recast those obligations as tort claims in order to seek broader damages. The court largely agreed with that framework, noting that, where the relationship is defined by contract, the economic loss doctrine may operate to limit recovery to contractual remedies.  

The court also recognized that not all duties are purely governed by contract. If the plaintiff can show that there are obligations that exist outside of the contract, which is a tougher standard to meet, those claims might be allowed to move forward, at least at the early stages.  

Earlier in the case, the court allowed the plaintiff to amend the complaint to address deficiencies since he was proceeding pro se (representing himself). Applying the principles outlined above, the court looked at whether the plaintiff had actually tied the alleged failure to the damages claimed. To the extent the allegations suggested a direct and foreseeable link, the court ruled that they could move forward, while more attenuated claims did not. 

For the security industry, there are a few practical takeaways. 

First, contracts continue to do much of the heavy lifting. Limitation of liability provisions, disclaimers and clearly defined scopes of work can shape how a court views the entire dispute. A well drafted agreement can significantly narrow the field of exposure.  

Second, causation remains the hinge on which many of these cases turn. Security systems operate in real-world environments, where outcomes are influenced by more than just the equipment or monitoring center. The ability to demonstrate what the system did or did not do can be critical.  

Third, when it comes to legal agreements, expectations versus reality remains a recurring theme. Plaintiffs often rely upon their expectations of what the system would do, while defendants must be able to point to what was actually promised. A clear and thorough agreement at the outset means less room for dispute later on. 

For the security industry, the lesson is a familiar one: Define the relationship carefully, document performance, and do not assume that the limits of a system are obvious to consumers. They often are not.

Read More Security & the Law Columns 

KEYWORDS: alarm alarm company law lawsuit security

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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.

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