Can Your Company Afford a $2.5M Judgment?
A panic alarm system’s failure during the brutal attack of a hotel clerk exposes the installing company’s negligence. The case reinforces the importance of following established and best practices to deliver true security/life safety while minimizing liability.
serious condition.
[IMAGE]12030[/IMAGE]Expert Testimony Exposes Firm
The panic alarm system in this case was installed in 2002. The alarm company’s president was new to the security business at that time and had never received any training. Notably, at the time of his deposition, he was produced as the person with the “most knowledge” of the burglar and panic alarm system for the subject premises. He also testified he bore responsibility for its operations.
The alarm company’s technician produced as the person with the “most knowledge” of the maintenance and monitoring agreement for the subject premises testified he had never inspected the panic alarm system nor ever seen panic buttons installed, maintained or serviced by his employer. There was no evidence this individual had ever been provided alarm training, and he testified he had never heard of an inspection being done on a panic button. In addition, prior to working in the alarm industry this same individual worked for National Wholesale Liquidators and Taco Bell.
The alarm company testified it programmed the system to transmit a weekly test timer signal to the monitoring station. Further, the company might have answered a call from the central station prior to the attack regarding a “test fail” condition from the Hampton Inn’s panic alarm system. However, there was no evidence the company had ever responded to and/or notified the hotel. Interestingly, the alarm company testified it was its responsibility to contact the subscriber when receiving any notice of a “test fail” condition.
Astonishingly, central station records revealed that for 16 consecutive weeks prior to the attack the central station had repeatedly notified the alarm company of the panic alarm system’s “test fail” condition. Yet the Hampton Inn had never received any notice of the system impairment from the alarm company. Importantly, the alarm company did not dispute this contention.
Another alarm company technician testified he also had no prior industry experience before working for the firm. He had previously worked at a dental lab making plaster of people’s dentures, and at the time of his deposition was still doing so part-time. Once hired by the alarm company, he stated he received about three months’ of training for fire alarm systems.
The technician also testified it was he who responded to see why the panic alarm system did not work on the day of the attack. He found it had to be held in for at least one second, and also discovered a dead battery on the system. Furthermore, this technician testified that a momentary panic button is a “toggle switch” and that the switch will not make contact if it is pushed in for less than a second. Technically, this is not how this switch was designed to function, ever.
Additional deposition testimony from the company’s employees revealed they had never examined the panic button. They were also not aware of any instructions or any literature that was ever given to the Hampton Inn for the panic alarm system. There was also testimony from the alarm company that if the panic button was not pressed the “correct way,” it was never going to trip the panel. Also stated was that the “technician” had tried pressing the panic button in a couple of different ways until he could get it to work.
It is also important to note that the technician who visited the Hampton Inn to check the panic alarm system admitted that he had no expertise in using, installing or testing a panic button before this service call.
Of particular significance is that after the attack, the alarm company placed decals on both of the hardwired panic button covers that stated: PANIC BUTTON — HOLD DOWN AT LEAST 2 SECONDS TO ACTIVATE.
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