An interesting case in Georgia arose when a brother brought an action against a home security company for failing to properly notify. The complaint alleged that the decedent, who had Alzheimer’s disease, died from hypothermia after wandering from her home. Despite the alarm being activated at the home, the alarm company failed to contact the decedent’s niece and neighbor as instructed. The next morning, the neighbor found the decedent had succumbed overnight to hypothermia.
The alarm company filed a motion to dismiss claiming, among other things, that the contract signed by the decedent barred the lawsuit or alternatively limited the plaintiff’s recovery.