An interesting question asked by clients in regard to contracts is, “Can I limit the time in which the subscriber has to file a claim against the company, notwithstanding the fact that the statutory state of limitations may provide a longer time?” A form of the abovementioned question came before the United States District Court for the Southern District of Indiana.
In the case, the plaintiff acquired a burglar alarm system from an alarm company for use in his home. In his complaint, he indicated that the alarm activated for no apparent reason. It also emitted a sound so loud that by time he disarmed the system, he had sustained permanent damage to his hearing. The alarm company filed a motion to dismiss the complaint, arguing that the plaintiff’s claims were barred because he did not bring his claims within one year of the incident, as required and stated in the contract.