QUESTION

We have paid ADT for 2 years to protect our home. We recently had a fire; the fire alarm went off, but no one responded. ADT said it worked when pho

Asked on Jan 08th, 2018 on Breach of Contract - Colorado
More details to this question:
Is this grounds for a lawsuit? In November, we had a fire. The alarm went off, but ADT did not respond. We phoned the fire department. When the fire department came, they were amazed that ADT did not respond. When phoned, ADT said the system worked.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If ADT did not live up to the contract, and that breach caused you damage, you would have a claim for breach of contract.  It is not clear to me that either of the above is true, because I'm pretty sure that the contract would only require ADT to notify the fire department, and its' not clear to me that it did not or, if it didn't, that it would have made  difference since you called the fire department anyway, but you know the facts, not I. One major problem of which you should be aware, I am pretty sure that ADT's contract will contain a limitation on liability providing something along the lines that if ADT screws up, its liability will be limited to some nominal amount, or perhaps the amount of the monthly fee you pay.  In my state, such a limitation is enforceable as long as ADT wasn't reckless or grossly negligent, but, assumiong such a claus is in your contract, you should check with a CO attorney about whether and to what extent it is enforceable in Colorado.
Answered on Jan 08th, 2018 at 9:00 AM

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