QUESTION
Are they liable? Adt didn't alert authorities when disturbance registered at my house. My house was burglarized and burned down
Asked on Feb 08th, 2017 on Breach of Contract - Arkansas
More details to this question:
I was away for business on the weekend of oct 8 2016. On my way Jaime I received a call from Adt but when I answered no one was there. Do I called back I spoke with a representative. She told me that an Alert in 3 different zones in my house registered. 3 different windows n doors She asked if we were experiencing high winds. I informed her that I was out of area and unsure. She assured me that was most likely the issue and the would alert me if anything further was needed. When I returned to my house, everything to the from had burned down
1 ANSWER
It is possible that ADT is liable, but you will find that their contract limits their liability substantially, probably to a few hundred dollars. Where I practice, a contract limiting liability for negligence is generally enforceable, but a party cannot limit its liability for gross negligence. i am not sure if the law is the same in Arizona, but assuming that it is, you would have to prove that ADT was more than just negligent in order to recover more than the contractual limit on liability. From what you've written, particularly that you spoke with an ADT representative and didn't insist that ADT notify the police or fire department (and didn't do it yourself), this seems like a tough case to me.
Answered on Feb 08th, 2017 at 8:00 AM