Security Sales & Integration August 2023 - 58
EXECUTIVE DECISIONS
Legal Briefi ng by Ken Kirschenbaum
ken@kirschenbaumesq.com
Police Response to Burglar
Alarms Not an Emergency?
One factor
in the
consideration
was that - just
maybe - the
trooper should
have known
that it was a
burglar alarm
and not a real
emergency.
That is why
this case is
important
to the alarm
industry.
▶ THE QUESTION AROSE in a New York
case whether police response to a burglar alarm
signal dispatch is really an emergency, or at least
enough of an emergency to shield police from
liability for causing injury while responding to
the alarm site.
Before I describe the case (Gernatt v. Gregoire) in
more detail, let me tell you what court this comes
from, because it's important to understand the
binding eff ect a decision can have on future cases.
Th is case is not decided by New York's highest
court, which is the Court of Appeals. New
York has four Appellate Divisions and this case
comes from the Fourth Department, which is
upstate New York.
While this decision does not reach any truly
adverse inference regarding burglar alarm signal
dispatch, those of you in the alarm business
sensitive to police response will fi nd the decision
more than interesting and potentially a footing
for future cases that either misinterpret its meaning
or want to take the argument further.
I'll summarize the case and issue: New York
State Trooper gets a police dispatch that burglar
alarm signal received. He is driving 75 mph on
a state highway with speed limit of 55 mph; no
siren and no lights. A car (the plaintiff ultimately)
makes a left turn across the trooper's road and
the trooper's vehicle broadsides the plaintiff 's car.
Plaintiff sues for injury; trooper moves for sumKen
Kirschenbaum, an
SSI Industry Hall of Famer,
has been a recognized
counsel to the alarm industry
for 45 years and is
principal of Kirschenbaum
& Kirschenbaum, P.C.
(kirschenbaumesq.com).
The opinions expressed in
this column are not necessarily
those of SSI, and not
intended as legal advice.
58
mary judgment to dismiss the complaint on the
ground that police responding to an emergency
situation are not liable for negligence unless the
cop's conduct was reckless (grossly negligent).
Whether a cop is driving recklessly would take
into consideration " the nature of the road, traffi
c and weather conditions, the time of day, the
speed of the offi cer's vehicle, and whether the offi
cer followed departmental guidelines. "
In this case, for whatever reason, the trooper
was not required to have lights and siren going.
Th e lower court granted the trooper's motion to
dismiss on the ground that as a matter of law his
conduct was not reckless under the circumstances.
So you understand the dynamics, the trooper
Security Sales & Integration AUGUST 2023
had the right of way because he was going straight.
Of course, in an ordinary car accident case, the
trooper would be assigned a percentage of negligence,
as would the plaintiff who failed to yield
the right of way. But, because the trooper is shielded
by law for ordinary negligence, the lower court
granted the motion and dismissed the case.
Th e plaintiff appealed and the Appellate Division
reversed and reinstated the case on the
grounds that, under the circumstances, a jury
could fi nd reckless conduct. One factor in the
consideration was that - just maybe - the
trooper should have known that it was a burglar
alarm and not a real emergency. Th at is why this
case is important to the alarm industry.
Th e Appellate Division found this part of the
record signifi cant: " Defendant [the trooper]
submitted his own deposition testimony which
established that at the time of the accident defendant
was responding to a police dispatch call of a
'possible burglar alarm.'
" Defendant further testifi ed that he was not
sure whether he was responding to an emergency
situation and only knew at the time that he was responding
to 'an alarm' at an address. We conclude
that defendant's own submissions failed to eliminate
triable issues of fact whether defendant acted
with reckless disregard under the circumstances. "
And thus, the Appellate Division concluded:
" defendant's [trooper] evidence established only
that the offi cer was responding to a 'possible burglar
alarm' and thus, unlike in Herod [responding
to 'fi ght in progress'], questions of fact exist
whether the emergency to which defendant was
responding justifi ed his conduct. "
When you read the case, you should note that
the Appellate Division had fi ve justices participate
in it; three joined in the majority to make
the ruling; however, two justices dissented in
their own decision. Th is case can go to the Court
of Appeals as matter of right, and likely will.
It should be interesting to see what New
York's highest court has to say. In the meantime,
all you can do is keep selling, installing and dispatching
alarm signals.
securitysales.com
http://www.kirschenbaumesq.com
http://www.securitysales.com
Security Sales & Integration August 2023
Table of Contents for the Digital Edition of Security Sales & Integration August 2023
Security Sales & Integration August 2023 - Cover1
Security Sales & Integration August 2023 - Cover2
Security Sales & Integration August 2023 - 1
Security Sales & Integration August 2023 - 2
Security Sales & Integration August 2023 - 3
Security Sales & Integration August 2023 - 4
Security Sales & Integration August 2023 - 5
Security Sales & Integration August 2023 - 6
Security Sales & Integration August 2023 - 7
Security Sales & Integration August 2023 - 8
Security Sales & Integration August 2023 - 9
Security Sales & Integration August 2023 - 10
Security Sales & Integration August 2023 - 11
Security Sales & Integration August 2023 - 12
Security Sales & Integration August 2023 - 13
Security Sales & Integration August 2023 - 14
Security Sales & Integration August 2023 - 15
Security Sales & Integration August 2023 - 16
Security Sales & Integration August 2023 - 17
Security Sales & Integration August 2023 - 18
Security Sales & Integration August 2023 - 19
Security Sales & Integration August 2023 - 20
Security Sales & Integration August 2023 - 21
Security Sales & Integration August 2023 - 22
Security Sales & Integration August 2023 - 23
Security Sales & Integration August 2023 - 24
Security Sales & Integration August 2023 - 25
Security Sales & Integration August 2023 - 26
Security Sales & Integration August 2023 - 27
Security Sales & Integration August 2023 - 28
Security Sales & Integration August 2023 - 29
Security Sales & Integration August 2023 - 30
Security Sales & Integration August 2023 - 31
Security Sales & Integration August 2023 - 32
Security Sales & Integration August 2023 - 33
Security Sales & Integration August 2023 - 34
Security Sales & Integration August 2023 - 35
Security Sales & Integration August 2023 - 36
Security Sales & Integration August 2023 - 37
Security Sales & Integration August 2023 - 38
Security Sales & Integration August 2023 - 39
Security Sales & Integration August 2023 - 40
Security Sales & Integration August 2023 - 41
Security Sales & Integration August 2023 - 42
Security Sales & Integration August 2023 - 43
Security Sales & Integration August 2023 - 44
Security Sales & Integration August 2023 - 45
Security Sales & Integration August 2023 - 46
Security Sales & Integration August 2023 - 47
Security Sales & Integration August 2023 - 48
Security Sales & Integration August 2023 - 49
Security Sales & Integration August 2023 - 50
Security Sales & Integration August 2023 - 51
Security Sales & Integration August 2023 - 52
Security Sales & Integration August 2023 - 53
Security Sales & Integration August 2023 - 54
Security Sales & Integration August 2023 - 55
Security Sales & Integration August 2023 - 56
Security Sales & Integration August 2023 - 57
Security Sales & Integration August 2023 - 58
Security Sales & Integration August 2023 - 59
Security Sales & Integration August 2023 - 60
Security Sales & Integration August 2023 - 61
Security Sales & Integration August 2023 - 62
Security Sales & Integration August 2023 - 63
Security Sales & Integration August 2023 - 64
Security Sales & Integration August 2023 - Cover3
Security Sales & Integration August 2023 - Cover4
https://www.nxtbook.com/emerald/securitysales/august_2023
https://www.nxtbook.com/emerald/securitysales/july_2023
https://www.nxtbook.com/emerald/securitysales/june_2023
https://www.nxtbook.com/emerald/securitysales/may_2023
https://www.nxtbook.com/emerald/securitysales/april_2023
https://www.nxtbook.com/emerald/securitysales/march_2023
https://www.nxtbook.com/emerald/securitysales/february_2023
https://www.nxtbook.com/emerald/securitysales/january_2023
https://www.nxtbook.com/emerald/securitysales/december_2022
https://www.nxtbook.com/emerald/securitysales/november_2022
https://www.nxtbook.com/emerald/securitysales/october_2022
https://www.nxtbook.com/emerald/securitysales/september_2022
https://www.nxtbook.com/emerald/securitysales/august_2022
https://www.nxtbook.com/emerald/securitysales/july_2022
https://www.nxtbook.com/emerald/securitysales/june_2022
https://www.nxtbook.com/emerald/securitysales/may_2022
https://www.nxtbook.com/emerald/securitysales/april_2022
https://www.nxtbook.com/emerald/securitysales/march_2022
https://www.nxtbook.com/emerald/securitysales/february_2022
https://www.nxtbook.com/emerald/securitysales/january_2022
https://www.nxtbook.com/emerald/securitysales/december_2021
https://www.nxtbook.com/emerald/securitysales/november_2021
https://www.nxtbook.com/emerald/securitysales/october_2021
https://www.nxtbook.com/emerald/securitysales/september_2021
https://www.nxtbook.com/emerald/securitysales/august_2021
https://www.nxtbook.com/emerald/securitysales/july_2021
https://www.nxtbook.com/emerald/securitysales/june_2021
https://www.nxtbook.com/emerald/securitysales/may_2021
https://www.nxtbook.com/emerald/securitysales/apr_2021
https://www.nxtbookmedia.com