QUESTION
Do I have a case to sue this company?
Asked on Jan 28th, 2014 on Breach of Contract - New York
More details to this question:
I signed a contract and had a security system installed in my home in 9/13...the alarm was not installed properly. The company was contacted numerous times over the course of 2 months to get a technician back out to my house...nothing. On 11/8/13 my home was burglarized. I contacted the alarm system and of course they sent someone out the next day. Do I have a case to sue ADT for breach of contract? There was a considerable loss of valuables and my sense of security in my home.
1 ANSWER
You have a claim. However, you are going to find that there is a clause in your contract with ADT which limits its liability to a small amount (most likely $50 or $100). Such a clause will not be enforced in New York to the extent that it limits liability for gross negligence, but is enforceable to the extent that it limits liability for simple negligence or breach of contract. You're going to have a tough time showing that ADT's delay in repairing the system was more egregious than a simple breach of contract or negligence.
Answered on Jan 28th, 2014 at 12:44 PM