Re: Integrated Alarms, Inc. are Evil , be aware!!!

["Robert L Bass" <no-sales-spam@bassburglaralarms>]

> A lot of times, when dealing with entities like
> cell phone companies, car lessors, insurance
> companies, alarm companies and others, it's
> virtually impossible to *find* a contract that
> doesn't seriously screw the consumer...

True.

> You usually sign away your rights to sue, your
> rights to consequential damages and often to
> damages of any kind (in states that support
> such nonsense!) even if *they* have been
> grossly negligent...

That is not true.  Gross negligence is tortious
and in most states (Pennsylvania is a notable
exception) gross negligence will over-ride
contractual waivers of a right to seek damages.
Alarm industry case law is full of decisions where
alarm companies' contractual protections have
been tossed out because of gross negligence.
IIRC, Pennsylvania is one of the few states
that do not recognize gross negligence.

Following is an excerpt from a NY State case:

"New York law generally enforces contractual
provisions absolving a party from its own
negligence." Colnaghi, U.S.A., Ltd. v. Jewelers
Protection Services, Ltd., 81 N.Y.2d 821,823
(1993); Sommer v. Federal Signal Corp., 79 N.Y.2d
540,553 (1992). Public policy, however, prohibits a
party from insulating itself through a contractual
clause, for damages caused by grossly negligent
conduct. Id.; Sommer at 553."

"Gross negligence, when invoked to pierce an
agreed-upon limitation of liability in a commercial
contract, must "smack of intentional wrongdoing"
(Kalish-Jarcho, Inc. v City of New York, 58 NY2d
[377], at 385). It is conduct that evinces a reckless
indifference to the rights of others (citations omitted)."

The key is in the definition of gross negligence.
It is much worse conduct than the common negligent
behavior of some alarm companies.  For example,
a relative of mine who has an ADT system (it was
in the house when he bought it) says that they
usually take about 10 minutes to call when the alarm
goes off.  That is certainly negligent behavior.  It
is not gross negligence, however.

--

Regards,
Robert L Bass

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