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!

Loss of Property is Not Your Only Risk

By Lessing E. Gold, Contributing writer
May 1, 2007


A recent case in the Federal District Court in the State of Michigan involved a wrongful death in which the defendant alarm company made a mistake in dispatching emergency medical services to the wrong address. The plaintiff entered into a residential services contract with the defendant to install and monitor a security alarm at the home of the deceased, his mother. The agreement included a portable alarm remote that could be activated when in distress.

The alarm company received an alarm from the elderly disabled woman. Due to an error in the address that defendant gave to dispatchers in response to the alarm, emergency medical services were delayed in their arrival at the deceased’s residence by about 16 minutes. The plaintiff alleged in his complaint that were it not for the delay attributable to defendant, the deceased would not have died of heart failure. The alarm company filed a motion for summary judgment to dismiss the action. The alarm company challenged the admissibility of the allegedly speculative and unreliable testimony of plaintiff’s medical expert and challenged defendant’s theory of causation and the defendant’s ability to recover damages beyond $500, which was the amount of the limited liability provisions in the contract.

Michigan courts have held that they will not redraft a contract because a party failed to read it. The court pointed out that even if plaintiff were somehow prevented from reading and understanding the terms and conditions of the contract, he had an additional 3 days under the contract’s notice of cancellation provision.

The court responded by indicating that the risk associated with fire, burglary, and the like is not limited exclusively to the loss or destruction of property. Fire and home invasions also constitute threats to persons. The threat can be as serious as death. The court pointed out that the cases supporting defendant’s positions are indeed “legion” and the court will not repeat the many citations defendant presents in support of that proposition.

The court went on to quote a Michigan Court of Appeals case as follows: “Reasonableness is the primary consideration…Defendant is not in the insurance business. Rather it provides an alarm service for a specific sum. That sum is not a premium for theft insurance. The contract in question made this clear. Under these circumstances a clause limiting defendant’s liability in the event the alarm system did not work properly is not unconscionable.”

The court granted the defendant’s motion for summary judgment limiting the amount of the liability to $500.

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...
    SDM 100 Report
    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...
    Exclusives
    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

  • Is Security Company Responsible for Loss of Property Value?

    See More
  • This Alarm Contract is not a Contract of Adhesion

    See More
  • Risk Reduction, Not Elimination

    See More
×

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